Section 133 – Copy of Order to Accompany Summons or Warrant

Introduction

Section 133 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the requirement that a copy of the order made under Section 130 must accompany the summons or warrant issued under Section 132.

The provision is an important procedural safeguard in preventive proceedings relating to security for keeping the peace or for good behaviour. It ensures that a person who is required to appear before the Magistrate is informed of the substance of the proceedings against them.

Section 133 therefore connects the written order under Section 130 with the summons or warrant issued under Section 132.

Meaning of Section 133

Section 133 provides that when a Magistrate issues a summons or warrant under Section 132, a copy of the order made under Section 130 must be delivered to the person along with that summons or warrant.

The purpose is to ensure that the person is not called before the Magistrate without being informed about the basis of the preventive proceedings.

The copy of the order allows the person to understand the substance of the information received by the Magistrate and the security that may be required.

Object and Purpose

The primary purpose of Section 133 is to ensure notice and procedural fairness.

A person against whom preventive proceedings have been initiated should know why they are being required to appear before the Magistrate.

The provision therefore aims to:

• inform the person about the substance of the information received;
• communicate the basis of the proceedings;
• inform the person about the proposed security requirements;
• enable the person to prepare an effective response;
• prevent arbitrary or unexplained use of summons or warrants.

Section 133 is therefore closely connected with the principles of natural justice.

Section 133 and Section 130

Section 130 requires the Magistrate to make a written order when requiring a person to show cause.

That order contains important information, including:

• the substance of the information received;
• the amount of the bond;
• the period for which the bond is to remain in force; and
• the number, character and class of sureties required, if any.

Section 133 ensures that this order reaches the person when a summons or warrant is issued under Section 132.

The relationship can be understood as:

Section 130 → Order is made

Section 132 → Summons or warrant is issued

Section 133 → Copy of the order accompanies the summons or warrant

Section 133 and Section 132

Section 132 deals with the situation where the person is not present before the Magistrate.

It allows the Magistrate to issue a summons or warrant to secure the person’s appearance.

Section 133 then ensures that the person receives a copy of the order that forms the basis of those proceedings.

Thus, the two provisions operate together.

Section 132	Section 133
Provides for summons or warrant	Requires copy of order to accompany summons or warrant
Secures appearance	Provides information about the proceedings
Procedural mechanism	Procedural safeguard
Applies when person is not present	Operates when process is issued under Section 132

Contents of the Copy of Order

The copy supplied under Section 133 is the order made under Section 130.

Therefore, it contains the essential details required under Section 130, including:

1. the substance of the information received;
2. the amount of the bond;
3. the period for which the bond is to remain in force; and
4. the number, character and class of sureties required, if any.

This enables the person to understand the nature and extent of the proposed preventive action.

Importance of the Provision

Section 133 may appear to be a simple procedural requirement, but it has significant importance because preventive proceedings can affect a person’s liberty.

A person should not be required to appear before a Magistrate merely on the basis of an unexplained summons or warrant.

By requiring the Section 130 order to accompany the process, Section 133 ensures that the person receives meaningful information about the proceedings.

This strengthens the person’s ability to:

• understand the allegations;
• obtain legal assistance;
• prepare a response;
• challenge the basis of the preventive action; and
• participate effectively in the subsequent inquiry.

Section 133 and Natural Justice

The provision reflects the principle that a person should have a reasonable opportunity to know and respond to the case being made against them.

The procedural sequence is therefore important:

Information received → Section 130 order → Section 132 summons or warrant → Section 133 copy of order → Appearance → Section 135 inquiry

The person is thus not expected to defend themselves without knowing the basis of the proceedings.

Section 133 and Section 135

Section 135 provides for the inquiry into the truth of the information.

Section 133 comes before that inquiry in cases where the person is not initially present.

The copy of the Section 130 order enables the person to understand the allegations before participating in the inquiry.

Therefore:

Section 133 facilitates informed participation in the Section 135 inquiry.

Section 133 and Section 136

Section 136 deals with the final order requiring the person to give security.

Section 133, on the other hand, concerns only the communication of the preliminary Section 130 order.

The two provisions therefore operate at different stages.

Section 133	Section 136
Copy of preliminary order	Final order to give security
Communicates the basis of proceedings	Determines the requirement of security
Operates when summons or warrant is issued	Follows the statutory inquiry
Procedural safeguard	Final preventive order

Section 133 Does Not Mean Automatic Security

An important point is that the delivery of a copy of the Section 130 order does not mean that the person has already been ordered to furnish security.

The Section 130 order merely requires the person to show cause.

The Magistrate must subsequently conduct the inquiry prescribed by the BNSS.

Only after the statutory requirements are satisfied can a final order requiring security be made under Section 136.

Therefore:

Copy of order ≠ final security order.

Example

Suppose X is alleged to be a habitual offender and proceedings are initiated under Section 129.

The Executive Magistrate makes an order under Section 130 requiring X to show cause why X should not be ordered to furnish security for good behaviour.

X is not present before the Magistrate.

The Magistrate issues a summons under Section 132 requiring X to appear.

Under Section 133, a copy of the Section 130 order must accompany the summons.

X can therefore see the substance of the information, the proposed amount and period of the bond, and the requirements relating to sureties.

X can then prepare to contest the proceedings before the Magistrate.

Section 133 and Personal Liberty

Preventive proceedings under Chapter IX can impose restrictions on individual liberty. Therefore, procedural safeguards become particularly important.

Section 133 helps ensure that the exercise of preventive powers is not arbitrary.

The person receives information about the basis of the proceedings before being required to participate in them.

This is consistent with the broader constitutional requirements of fairness under Articles 14 and 21.

Section 133 and CrPC

Section 133 BNSS substantially corresponds to Section 114 of the Code of Criminal Procedure, 1973.

Aspect	CrPC, 1973	BNSS, 2023
Provision	Section 114	Section 133
Subject	Copy of order to accompany summons or warrant	Copy of order to accompany summons or warrant
Purpose	Inform the person of the order	Inform the person of the order
Connected provision	Section 113	Section 132
Nature	Procedural safeguard	Procedural safeguard

The BNSS therefore substantially retains the earlier procedural safeguard while renumbering the provision.

Relationship with Sections 130 to 136

The provisions can be understood as a connected sequence:

Section 130

The Magistrate makes the written order requiring the person to show cause.

Section 131

Procedure where the person is already present in Court.

Section 132

Summons or warrant where the person is not present.

Section 133

Copy of the Section 130 order accompanies the summons or warrant.

Section 134

Power to dispense with personal attendance in appropriate circumstances.

Section 135

Inquiry into the truth of the information.

Section 136

Order requiring the person to give security.

Section 137

Discharge of the person against whom proceedings were initiated.

Section 138

Commencement of the period for which security is required.

This sequence demonstrates that Section 133 is a procedural safeguard situated between securing appearance and conducting the substantive inquiry.

Important Distinctions

Section 130 vs Section 133

Section 130 concerns the making of the written order.

Section 133 concerns the delivery of a copy of that order along with the summons or warrant.

Section 132 vs Section 133

Section 132 provides the summons or warrant.

Section 133 requires the copy of the Section 130 order to accompany that process.

Section 133 vs Section 135

Section 133 ensures that the person receives the relevant order.

Section 135 concerns the subsequent inquiry into the truth of the information.

Section 133 vs Section 136

Section 133 is a procedural safeguard.

Section 136 concerns the final order to give security.

Common Confusions

Does Section 133 itself require the person to furnish security?

No.

It only requires the Section 130 order to accompany the summons or warrant.

Why must the copy of the order accompany the summons or warrant?

To inform the person about the substance of the information and the proposed terms of the preventive proceedings.

Does receiving the copy mean that the person has been found guilty?

No.

Preventive proceedings are not equivalent to criminal conviction.

What happens after the person receives the order?

The person appears before the Magistrate and participates in the proceedings. The Magistrate then conducts the inquiry prescribed under Section 135.

Is Section 133 the same as Section 114 CrPC?

Substantially, yes.

Section 133 BNSS carries forward the procedural safeguard contained in Section 114 CrPC.

Topic at a Glance

Point	Position
Topic	Copy of order to accompany summons or warrant
BNSS Section	Section 133
Corresponding CrPC provision	Section 114
Nature	Procedural safeguard
Connected order	Section 130
Process	Section 132 summons or warrant
Purpose	Inform the person about the preventive proceedings
Subsequent inquiry	Section 135
Final security order	Section 136
Discharge	Section 137

Quick Revision

• Section 133 BNSS deals with the copy of the order to accompany a summons or warrant.
• It operates when a summons or warrant is issued under Section 132.
• The copy must be the order made under Section 130.
• The order contains the substance of the information and proposed security requirements.
• The provision ensures that the person understands the basis of the preventive proceedings.
• It supports the principles of natural justice and procedural fairness.
• Section 133 does not itself impose security.
• The truth of the information is subsequently examined under Section 135.
• The final order to give security is dealt with under Section 136.
• Section 133 substantially corresponds to Section 114 CrPC.
• The provision is particularly important because preventive proceedings may affect personal liberty.

ALSO READ: Section 132 – Summons or warrant in case of person not so present

Conclusion

Section 133 BNSS is a procedural safeguard that ensures a person against whom preventive security proceedings have been initiated is properly informed about the basis of those proceedings. When a summons or warrant is issued under Section 132, a copy of the Section 130 order must accompany it.

The provision ensures transparency and gives the person an opportunity to understand and contest the proceedings. It does not itself establish guilt or impose security. Instead, it facilitates informed participation in the subsequent proceedings and inquiry under the BNSS.