Section 93 of Bharatiya Nagarik Suraksha Sanhita, 2023: Provisions of this Chapter generally applicable to summons and warrants of arrest

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 90 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 93

Section 93 declares that the provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita.

  • Omnibus Applicability: Universal application of summons and warrant rules across the entire Sanhita.
  • Standardised Service Protocols: Applies to witnesses, accused, sureties, maintenance respondents, and third parties.
  • Uniformity of Procedural Safeguards: Ensures consistent procedural standards for all coercive court processes.
Key Landmark Precedents:
  • Trisuns Chemical Industry v. Rajesh Agarwal (1999) 8 SCC 686: Affirmed that procedural rules governing process service maintain uniformity across all magisterial inquiries and trials.
  • Sushil Kumar Sabharwal v. Gurpreet Singh (2002) 5 SCC 377: Held that statutory service principles must be strictly enforced regardless of the nature of the underlying application.
Courtroom Practice & Strategic Litigation Guidance:

Whenever a statute or section mentions 'issue a summons or warrant' (e.g., in maintenance under Section 144 BNSS or witness summons under Section 348 BNSS), invoke Section 93 to demand strict compliance with service protocols under Sections 64 to 77.