Provided that where a Court martial is satisfied that a child of tender years is unable to
understand the nature of an oath or affirmation, it may dispense with the administration of oath or
affirmation.
1[108A. Affirmation not allowed in the case of Muslim. Where the person referred to in section
106 or section 107 or section 108 is a Muslim, the said section shall have effect as if reference therein
to affirmation were omitted.].
109. Summoning witnesses and production of documents.___(1) The convening officer, the
president of 2* 3[a court martial or a court of inquiry], the judge advocate, 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 docu ment or
thing.
(2) In the case of a witness amendable to military, naval or air force authority, 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 reside, and such magistrate shall give effect to the summons as if the witness
were required in the Court of such magistrate.
(4) When a witness is required to produce any document or thing in his possession or power, the
summons shall describe it with reasonable precision.
(5) Nothing in this section shall be deemed to affect the Evidence Act, 1872 (I of 1872), sections
123 and 124, or to apply to any letter, postcard, telegram or other document in the custody of the
postal or telegraph authorities.
1 Ins. by the Pakistan Army (Amdt.) Act, 1976 (51 of 1976), s. 21.
2 The redundant word “the” has been omitted in printing.
3 Subs. by the Pakistan Army (Amdt.) Ordinance, 1965 (15 of 1965), s. 4, for “Court”.
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