Section 71 of The National Security Guard Act, 1986 in hindi
- (1)Subject to the provisions of sub-section (2), a Summary Security Guard Court may try any offence punishable under this Act.
- (2)When there is no grave reason for immediate action a reference can, without detriment to discipline, be made to the officer empowered to convene a Petty Security Force Court for the trial of the alleged offender, an officer holding a Summary Security Guard Court shall not try without such reference any offence punishable under any of the sections 15, 17 and 45, or any offence against the officer holding the Court.
- (3)A Summary Security Guard Court may try any person subject to this Act and under the command of the officer holding the Court, except an officer, or an Assistant Commander.
- (4)A Summary Security Guard Court may pass any sentence which may be passed under this Act, except the sentence of death or of imprisonment for a term exceeding the limit specified in sub-section (5).
- (5)The limit referred to in sub-section (4) shall be,—
- (a)one year, if the officer holding the Security Guard Court holds the rank not below that of a Group Commander;
- (b)three months, in any other case.
Summary
- This section explains the powers and restrictions of a Summary Security Guard Court.
- It allows a single unit commander to hold a court and make decisions alone.
- It generally prohibits trying officers or Assistant Commanders in this summary fashion.
- For very serious crimes like mutiny, the commander must get a reference from higher authorities first.
- The rank of the officer holding the court determines how much jail time they can give.
- It ensures that even minor courts have some oversight for the most grave offences.
Practical examples
FAQ
1. Can a Summary Court try a case of mutiny under Section 71 of the National Security Guard Act?
Under Section 71 of the National Security Guard Act, a Summary Court usually should not try mutiny or other very serious crimes without a reference to a higher authority first.
2. What is the jail limit for a Group Commander in a Summary Court under Section 71 of the National Security Guard Act?
If the officer holding the court is at least a Group Commander, Section 71 of the National Security Guard Act allows them to sentence someone to up to one year in prison.
3. Who constitutes a Summary Court according to Section 71 of the National Security Guard Act?
Section 71 of the National Security Guard Act states that the Commander of any unit alone constitutes the Summary Security Guard Court.
4. Are Assistant Commanders tried in Summary Courts under Section 71 of the National Security Guard Act?
No, Section 71 of the National Security Guard Act specifies that these courts cannot try officers or Assistant Commanders.
Test yourself
Q1.Under Section 71 of the National Security Guard Act, what is the maximum imprisonment a commander who is NOT a Group Commander can award?
Q2.According to Section 71 of the National Security Guard Act, who must attend the proceedings of a Summary Court alongside the presiding officer?
Q3.Under Section 71 of the National Security Guard Act, for which type of offence is a reference to higher authorities mandatory unless there is a grave reason for immediate action?
Q4.Comparing Section 70 and Section 71 of the National Security Guard Act, which statement is true about their sentencing limits?