Section 101 of The Sashastra Seema Bal Act, 2007 in hindi
- (1)The convening officer or the presiding officer of a Force Court or the Judge Attorney or, as the case may be, the Deputy Judge Attorney-General or the Additional Judge Attorney-General or the officer approved under section 95 or the commanding officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.
- (2)In the case of a witness who is subject to this Act or any other Act relating to the armed forces of the Union, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly.
- (3)In the case of any other witness, the summons shall be sent to the magistrate within whose jurisdiction he may be, or resides, and such magistrate shall give effect to the summons as if the witness were required in the court of such a magistrate.
- (4)When a witness is required to produce any particular or other thing in his possession or power, the summons shall describe it with reasonable precision.
Summary
- Authorizes court and military officers to issue a signed written summons to require a witness to testify or produce documents and things.
- Lists the convening officer, presiding officer, Judge Attorney, Deputy or Additional Judge Attorney-General, approved legal officer, or commanding officer of the accused as the officials who can issue a summons.
- Mandates that a summons for a witness subject to military law must be sent to and served by their commanding officer.
- Outlines that a summons for civilian witnesses must be forwarded to the local civil magistrate who has jurisdiction where they live.
- Requires any summons asking for documents or things to describe them with reasonable precision.
Practical examples
FAQ
1. Who has the authority to summon a witness under Section 101 of the Sashastra Seema Bal Act, 2007?
Under Section 101 of the Sashastra Seema Bal Act, 2007, a summons can be issued by the convening officer, the presiding officer of the court, the Judge Attorney, the Deputy or Additional Judge Attorney-General, the approved legal officer, or the commanding officer of the accused.
2. How is a military witness summoned to a Force Court under Section 101 of the Sashastra Seema Bal Act, 2007?
Under Section 101 of the Sashastra Seema Bal Act, 2007, if the witness is subject to the Act or any other military law, the summons is sent to their commanding officer, who must serve it on the witness.
3. How are civilian witnesses summoned under Section 101 of the Sashastra Seema Bal Act, 2007?
Under Section 101 of the Sashastra Seema Bal Act, 2007, if the witness is a civilian, the summons is sent to the local magistrate where the witness lives or is located, and that magistrate enforces it like a normal civil court summons.
4. What detail must be included if a witness is ordered to produce a document under Section 101 of the Sashastra Seema Bal Act, 2007?
Under Section 101 of the Sashastra Seema Bal Act, 2007, the summons must describe the requested document or thing with reasonable precision.
Test yourself
Q1.Under Section 101 of the SSB Act of 2007, which of the following authorities is NOT listed as having the power to issue a summons for witnesses or documents?
Q2.Under Section 101 of the Sashastra Seema Bal Act, 2007, how must a summons be served to a witness who is subject to the Act or any other armed forces law of India?
Q3.Under Section 101 of the Sashastra Seema Bal law, what is the procedure for serving a summons to a witness who is a civilian (not subject to any armed forces Act)?
Q4.Under Section 101 of the SSB Act of 2007, if a witness is required to produce a specific document, how must that document be identified in the summons?