Bharatiya Nagarik Suraksha Sanhita

Section 133

Copy of order to accompany summons or warrant

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⚡ Quick Answer Reference: Section 133 BNSS

Provision: Section 133 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
Jurisdiction: India
Summary: When a summons or warrant is issued under Section 132, a copy of the order made under Section 130 must be given to the person being served or arrested. This copy must be delivered by the officer serving or executing the summons or warrant.

Statutory Content

What does Section 133 of BNSS say?

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.

Indian StandardSection 133, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 133 (India)

Court Pleading StandardSection 133 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 133 of BNSS mean?

Plain English Explanation

When a summons or warrant is issued under Section 132, a copy of the order made under Section 130 must be given to the person being served or arrested. This copy must be delivered by the officer serving or executing the summons or warrant.

Practical Interpretation

In real legal practice, this section ensures that the person being served or arrested is aware of the reason behind the summons or warrant. The officer must provide a copy of the order to the person, which helps in understanding the legal basis of the action.

Core Legal Purpose

The core purpose of this section is to provide transparency and accountability in the legal process. By requiring a copy of the order to be delivered, the section ensures that the person being served or arrested is informed about the legal proceedings against them.

Key Legal Elements

•Every summons or warrant issued under Section 132 must be accompanied by a copy of the order made under Section 130.
•The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with, or arrested under, the same.
•There is no key legal test or threshold standard mentioned in this section.
•There is no key exception or limitation under this section.

Practical Example

Practical Example of Section 133 BNSS

Rajesh, a police officer, is serving a summons to Priya, a suspect in a criminal case. According to Section 133 of BNSS, Rajesh must provide a copy of the order made under Section 130 to Priya along with the summons. This copy of the order explains the reason behind the summons and informs Priya about the legal proceedings against her. By following this section, Rajesh ensures that Priya is aware of the legal basis of the action and is treated fairly.

Common Questions (FAQ)

Frequently Asked Questions about Section 133 BNSS

Q: What is the punishment or consequence under Section 133 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a procedural provision related to the service of summons or warrants.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not relate to criminal offenses. Therefore, it is neither bailable nor cognizable.

Common Questions about Section 133 BNSS

What is Section 133 of BNSS?

Section 133 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Copy of order to accompany summons or warrant". In plain terms: When a summons or warrant is issued under Section 132, a copy of the order made under Section 130 must be given to the person being served or arrested. This copy must be delivered by the officer serving or executing the summons or warrant.

What is the punishment under Section 133 of BNSS?

Section 133 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 133 of BNSS bailable or non-bailable?

Whether Section 133 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 133 of BNSS?

The essential elements of Section 133 of BNSS are: Every summons or warrant issued under Section 132 must be accompanied by a copy of the order made under Section 130.; The copy of the order must be delivered by the officer serving or executing the summons or warrant to the person served with, or arrested under, the same.; There is no key legal test or threshold standard mentioned in this section..

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