BNSS Section 133 – Copy of Order to Accompany Summons or Warrant


Introduction

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is one of the new criminal laws of India that replaced the old Code of Criminal Procedure. It aims to make the justice system faster, clearer, and more transparent. One of the lesser-known but very important parts of this law is BNSS Section 133 – Copy of Order to Accompany Summons or Warrant.

This section falls under Chapter 9 – Security for Keeping the Peace and for Good Behaviour. It deals with how legal orders should be communicated when someone is called by the court or arrested by the police. Understanding this section helps both citizens and law officers know their rights and duties during legal processes.

In this article, we’ll explain BNSS Section 133 in simple words, show why it matters, give real-life examples, and highlight how it protects the rights of citizens. We’ll also explore its link with Sections 130 and 132 of the BNSS and how this new rule strengthens the justice system.

What BNSS Section 133 Says

The official text of BNSS Section 133 reads:

“Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.”

That means whenever a person receives a summons (a notice to appear before a court) or a warrant (an order to arrest or search), it must come with a copy of the order that explains why it was issued. The officer delivering it must also hand over that copy to the person concerned.

In simple terms, BNSS Section 133 ensures transparency. A person has the right to know the exact reason and legal basis for which they are being summoned or arrested.

Connection with BNSS Section 130 and Section 132

To fully understand Section 133, let’s briefly look at the sections that come before it:

  • Section 130 – It gives the magistrate the power to issue an order requiring a person to keep the peace or maintain good behaviour. This usually happens when someone’s actions are likely to cause trouble or disturb public peace.

  • Section 132 – It allows the magistrate to issue a summons or warrant if the person refuses to appear voluntarily or disobeys the earlier order.

Now, Section 133 ensures that whenever a summons or warrant is sent under Section 132, it must carry the copy of the order under Section 130.

This chain of rules prevents misuse of authority. It guarantees that all legal actions are backed by proper documentation and that the person affected fully understands the reason.

Purpose of BNSS Section 133

The goal of this section is to protect citizens’ rights and ensure fair legal procedure. Some main objectives include:

  1. Transparency – Every person has the right to see the legal order that affects them. By providing a copy of the order, the system prevents secret or unfair actions.

  2. Accountability – The police officer or court official serving the summons or warrant must deliver the correct document. This holds authorities accountable.

  3. Fairness – People should not be called or arrested without knowing the reason. Section 133 helps them prepare a legal response.

  4. Documentation – Having a copy of the order creates a clear record for future reference and avoids confusion in court.

This simple yet powerful rule builds trust between citizens and the legal system.

Why This Section Matters

Many times in the past, people complained that they were arrested or summoned without being told why. The Bharatiya Nagarik Suraksha Sanhita 2023 fixes this problem through provisions like Section 133.

It is not just a procedural formality—it’s a legal safeguard. It ensures that justice is not only done but also seen to be done.

For instance, if a person receives a summons without a copy of the order, they can question its validity. Courts can even reject such summons or order a new one following the proper process.

How BNSS Section 133 Works in Practice

Let’s understand with an example.

Example 1: Summons for Keeping the Peace

Suppose a local dispute turns tense, and the magistrate fears it might lead to violence. Under Section 130, the magistrate issues an order asking a person to sign a bond for keeping the peace.

If that person ignores the notice, the magistrate can issue a summons under Section 132 to bring them before the court.

Now, according to Section 133, this summons must include a copy of the order from Section 130. The officer delivering it must hand that copy to the person.

This way, the person clearly knows:

  • What the order says,

  • Why they are being called, and

  • Which legal rule applies to them.

Example 2: Warrant for Good Behaviour

If the same person still refuses to appear, a warrant may be issued. Again, under Section 133, the warrant must be accompanied by a copy of the original order. The officer arresting the person must deliver it at the time of arrest.

Difference Between Summons and Warrant under BNSS

To make the concept clearer, here’s a simple difference:

TermMeaningPurposeLinked Section
SummonsA written notice asking a person to appear before a court.Used when cooperation is expected.Section 132 & 133
WarrantA written order authorizing police to arrest or search a person.Used when cooperation is not expected.Section 132 & 133

In both cases, Section 133 demands that a copy of the order under Section 130 be given to the person.

Role of Police and Magistrates

Section 133 makes both the magistrate and the police officer responsible for transparency.

  • The magistrate must ensure the summons or warrant carries a copy of the correct order.

  • The police officer must physically deliver that copy to the person being served or arrested.

Failure to do this can make the entire process invalid or open to legal challenge.

Citizen Rights Under BNSS Section 133

This section strengthens legal awareness and citizen rights. Under it, every citizen has the right to:

  1. Receive a copy of the order connected to the summons or warrant.

  2. Understand why the legal action is being taken.

  3. Use the copy to prepare a defence or seek legal advice.

  4. Challenge the process if the copy is missing or incorrect.

It encourages a fair system where no one is left in the dark about their own case.

Impact of BNSS Section 133 on Legal System

The BNSS is a modern law that tries to simplify criminal procedures. Section 133 supports this vision by making sure every person gets proper communication and documentation.

Its impact includes:

  • Fewer disputes about wrongful arrest or summons.

  • Better documentation in court records.

  • More responsible policing since officers must follow clear steps.

  • Public trust in the criminal justice system.

Such provisions show that the Bharatiya Nagarik Suraksha Sanhita 2023 focuses on both efficiency and fairness.

Comparison with the Old Law

Under the old Criminal Procedure Code (CrPC), similar rules existed, but they were often unclear or not strictly followed. The BNSS Section 133 gives this requirement more force and clarity.

Now, the duty to attach and deliver the order copy is mandatory. It leaves no room for arbitrary action.

This small change makes a big difference in protecting human rights and ensuring justice transparency.

Also read: BNSS Section 126

Conclusion

BNSS Section 133 – Copy of Order to Accompany Summons or Warrant might seem short, but it plays a major role in protecting fairness and transparency in India’s legal system.

It ensures that every summons or warrant issued under Section 132 carries a copy of the order made under Section 130, and that copy must be given to the person concerned. This simple rule gives citizens the right to know the reason behind any legal action against them.

By enforcing this section, the Bharatiya Nagarik Suraksha Sanhita 2023 builds a bridge of trust between law enforcement and the public. It shows that India’s new criminal laws focus not just on punishment but also on justice, clarity, and accountability.

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