Section 114 CrPC: Copy of Order to Accompany Summons or Warrant

Section 114 of the Code of Criminal Procedure, 1973 required a copy of the Magistrate's underlying order to accompany a summons or warrant issued in preventive security proceedings. Its corresponding provision under the current criminal procedure law is Section 133 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the saving and transitional provisions of Section 531 BNSS. For proceedings governed by the BNSS, refer to Section 133; for saved proceedings, the applicable CrPC provisions may continue to govern.

Text of Section 114 CrPC, 1973

114. Copy of order to accompany summons or warrant.

Every summons or warrant issued under section 113 shall be accompanied by a copy of the order made under section 111, 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.

Section 133 BNSS, 2023: Current Corresponding Provision

133. Copy of order to accompany summons or warrant.

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.

The substantive requirement is retained, with cross-references updated to the corresponding BNSS provisions. Read the BNSS text published by the Bureau of Police Research and Development and consult the India Code official legislation portal for statutory updates.

Meaning and Purpose of the Provision

The provision ensures that a person summoned or brought before a Magistrate in proceedings relating to security for keeping the peace or good behaviour receives the written order setting out the basis of the proposed action. The order provides notice of the allegations or information relied upon and the security requirement proposed by the Magistrate.

Relevant statutory terms

Order under Section 130 BNSS (formerly Section 111 CrPC): A written order recording the substance of the information received, the amount and duration of the bond, and the number of sureties after considering their sufficiency and fitness.
Summons under Section 132 BNSS (formerly Section 113 CrPC): A direction requiring a person who is not present in court to appear before the Magistrate.
Warrant under Section 132 BNSS: A direction to produce a person already in custody, or, in the circumstances specified in its proviso, an arrest warrant to prevent an apprehended breach of peace.
Service or execution: The officer serving the summons or executing the warrant must deliver the copy of the underlying order to the affected person.

Legal Requirements for Service

A summons or warrant must have been issued under Section 132 BNSS (or Section 113 CrPC in an applicable saved proceeding).
A copy of the written order under Section 130 BNSS (or Section 111 CrPC) must accompany that summons or warrant.
The serving or executing officer must deliver the copy to the person summoned or arrested.
The person must have access to the grounds and proposed bond terms to meaningfully respond during the subsequent proceedings.

Non-supply of the required order may provide grounds to challenge procedural compliance. Whether a particular defect invalidates subsequent proceedings depends on the facts, applicable law, and judicial consideration; it should not automatically be assumed that every irregularity nullifies the proceedings.

CrPC and BNSS Section Reference

Subject	CrPC, 1973	BNSS, 2023
Written show-cause order	Section 111	Section 130
Procedure when person is present	Section 112	Section 131
Summons or warrant when absent	Section 113	Section 132
Copy of order with summons or warrant	Section 114	Section 133
Dispensing with personal attendance	Section 115	Section 134
Inquiry into information	Section 116	Section 135

Practical Example

Suppose a Magistrate initiates proceedings requiring a person to show cause why a bond for keeping the peace should not be ordered. If that person is absent and a summons is issued under Section 132 BNSS, the officer serving the summons must also provide a copy of the Magistrate's written order made under Section 130. Merely communicating the date of appearance does not replace the statutory requirement to supply the order.

Frequently Asked Questions

Is Section 114 CrPC still in force?

The CrPC was repealed from 1 July 2024 by the BNSS. Section 133 BNSS is the corresponding current provision, subject to the savings under Section 531 BNSS for specified pending matters.

Must the order accompany both a summons and a warrant?

Yes. The relevant statutory provision expressly applies to every summons or warrant issued under Section 132 BNSS.

Who must supply the copy?

The officer serving the summons or executing the warrant must deliver the copy to the person concerned.

What should a person do if the order was not supplied?

The person may raise the omission before the Magistrate, request the relevant order, and seek appropriate relief based on the facts and applicable procedural law.

Official Legal References

Updated: 17 October 2026. This article is general legal information, not a substitute for advice on individual facts.