CrPC Section 114: Copy of Order with Summons or Warrant – Legal Guide

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CrPC Section 114: Copy of Order with Summons or Warrant – Legal Guide

1. Code

Section 114 of the Code of Criminal Procedure (CrPC), 1973 states:
“When any summons or warrant is issued, a copy of the order on which it is issued shall be furnished to the person to whom it is directed, unless the Court, for reasons to be recorded, considers it inexpedient to do so.”

2. Explanation

This section mandates that when a summons or warrant is issued, a copy of the order authorizing it must be provided to the recipient. This ensures transparency and informs the individual of the legal basis for the summons or warrant. The order contains the charges, the court issuing the document, and the details of the case.

However, the court can choose not to furnish a copy of the order if it deems it “inexpedient.” This decision must be recorded in writing, indicating the specific reasons for withholding the copy. Such situations could arise if providing the copy would impede investigations, endanger witnesses, or pose a security risk.

3. Illustration

Imagine a situation where a person is summoned to appear in court as a witness in a theft case. When the summons is served, the person should also receive a copy of the court order that issued the summons. This order would detail the case number, the charges against the accused, and the reason for summoning the witness. This information helps the individual understand the context and prepare for their court appearance.

4. Common Questions and Answers

  • Q: What happens if the court does not provide a copy of the order?A: The individual receiving the summons or warrant can approach the court and request a copy of the order. If the court refuses without providing valid reasons, this could be grounds for legal challenge.
  • Q: Can the court issue a summons or warrant without an order?A: No, a summons or warrant must be issued based on a specific order by the court. This order forms the legal basis for the action taken.
  • Q: Is the copy of the order essential for defending oneself in court?A: While not mandatory, having a copy of the order can be beneficial for preparing a defense. It provides crucial information about the case and allows the individual to understand the legal framework within which the summons or warrant was issued.
Also Read  CrPC Section 122: Imprisonment in Default of Security - Code of Criminal Procedure
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