Copy of order to accompany summons or warrant
Section 114 of the Code of Criminal Procedure, 1973 deals with 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 114, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 133 Copy of order to accompany summons or warrant Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer
Court's Decision & Legal Precedent
Procedural safeguards mandated under Sections 111 and 114 of the Criminal Procedure Code, 1973 are essential protections against arbitrary action and undue harassment of citizens. Non-compliance with these provisions—specifically the failure to pass a preliminary order under Section 111 before issuing summons under Section 113, and the failure to serve such order along with the summons—vitiates the summons with illegality. Additionally, when the statutory six-month period for completing inquiry under Section 118(6) CrPC expires without completion and without recording special reasons, the continuation of proceedings constitutes abuse of process of court and warrants quashing under Section 482 CrPC.
On this section: Requires that every summons or warrant issued under Section 113 shall be accompanied by a copy of the order made under Section 111
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Section 113 of the Code of Criminal Procedure provides that if such person is not present in the Court, then the Magistrate shall issue a summon, requiring him to appear. 13. Section 114 of the Code of Criminal Procedure provides that every summons issued under Section 113 of the Code of Criminal Procedure shall be accompanied by a copy of the order made under Section111 of the Code of Criminal Procedure and such copy shall be delivered by the officer serving or executing such summons to the person …
Questions about Section 114
What have the courts held on Section 114 of the Code of Criminal Procedure?
Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer (28 Aug 2012) is the leading judgment on this section among those set out below: Requires that every summons or warrant issued under Section 113 shall be accompanied by a copy of the order made under Section 111.
How do I find court cases under Section 114 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 114, section 114 CRPC, section 114 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer (28 Aug 2012).
What should I read with Section 114 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 111 (Order to be made), section 113 (Summons or warrant in case of person not so present), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 133 (Copy of order to accompany summons or warrant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 114 of the Code of Criminal Procedure come into force?
Section 114 of the Code of Criminal Procedure, cited as CRPC 114, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.