Section 93 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Provisions Of This Chapter Generally Applicable To Summons And Warrants Of Arrest.

93. The provisions contained in this Chapter relating to summons and warrant, and
their issue, service, and execution, shall, so far as may be, apply to every summons and
every warrant of arrest issued under this Sanhita.

Explanation of Section 93 BNSS

Section 93 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, establishes that the general rules and procedures for the issuance, service, and execution of summons and warrants apply uniformly to all summonses and arrest warrants under BNSS.

Key Provisions of Section 93 BNSS:

1. Universal Application:

   • The provisions related to the issuance, service, and execution of summonses and warrants apply throughout BNSS.

2. Ensuring Consistency in Legal Procedures:

   • This section ensures that the same procedural framework is followed for all summonses and arrest warrants.

3. Legal Clarity and Uniformity:

   • Courts, police officers, and legal practitioners must adhere to the established procedures for all summons and warrants without deviation.

4. Cross-Reference to Other Sections:

   • This provision ensures that all summonses and warrants comply with the rules laid down in Chapter VI of BNSS.

Illustration of Section 93 BNSS

Example 1: Issuance of a Summons for a Witness

A witness is required to appear in Court. The summons is issued following the standard procedure under BNSS, ensuring proper service and execution.

Example 2: Arrest Warrant for a Non-Appearing Accused

A person who was granted bail fails to appear in Court. The judge issues a warrant of arrest, which must be executed in accordance with the rules laid down in BNSS.

Common Questions and Answers on Section 93 BNSS

1. Does Section 93 BNSS apply to all warrants and summonses?

• Yes, it applies to every summons and arrest warrant issued under BNSS.

2. What is the purpose of this section?

• It ensures uniformity and consistency in the issuance, service, and execution of summonses and warrants across all cases.

3. Can a summons or warrant be challenged if it does not comply with BNSS provisions?

• Yes, if a summons or warrant is not issued, served, or executed properly, it may be challenged in Court.

4. Does this section specify new rules for summons and warrants?

• No, it simply states that the existing rules in BNSS must be followed for all summonses and arrest warrants.

Conclusion

Section 93 BNSS ensures that the rules governing summonses and warrants are applied uniformly across all cases. This provision maintains consistency, prevents legal ambiguity, and strengthens due process.

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