BNSS Section 132(4): Copy Of Order To Accompany Summons Or Warrant
Code: Section 132(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, replaces Section 132 of the Code of Criminal Procedure, 1973.
Explanation: This section mandates that every summons or warrant issued under Section 132 (relating to appearance of witnesses and production of documents) must be accompanied by a copy of the order made under Section 130 (relating to the issuance of summons for witnesses). This copy must be delivered to the person being served with the summons or warrant.
Illustration:
Imagine a police officer is serving a summons to a witness in a case. The summons instructs the witness to appear in court. According to Section 132(4), the officer must also provide the witness with a copy of the order made under Section 130, which is the order that initially directed the summoning of the witness.
Common Questions and Answers: on Copy Of Order To Accompany Summons Or Warrant
- Q: Why is this provision necessary?
- A: This ensures transparency and fairness in the legal process. The person being summoned or arrested knows the legal basis for the action being taken against them.
- Q: What happens if the officer fails to provide the copy of the order?
- A: This may be considered a procedural irregularity, which could potentially affect the validity of the summons or warrant.
Q: Can the person being served with the summons or warrant refuse to accept the copy of the order?
- A: No, they are legally obligated to accept it. The officer must record the delivery of the copy in their official records.
