Coast Guard Act, 1978

Bare Act · 1978

An Act to provide for the constitution and regulation of an Armed Force of the Union for ensuring the security of the maritime zones of India with a view to the protection of maritime and other national interests in such zones and for matters connected therewith.

Act number: 30 of 1978
Enacted: 18 August 1978
Contents: 124 sections · 14 chapters

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Contents

Chapter I — Preliminary

Chapter II — Constitution Of The Coast Guard And Conditions Of Service Of The Members Of The Coast Guard

Sections

Section 12 – Certificate of termination of service (preview)
Section 122 – Protection for acts of members of the Coast Guard (preview)

Chapter III — Duties And Functions Of The Coast Guard

Section 14 – Duties and functions of Coast Guard (preview)

Chapter IV — Offences

Section 15 – Correspondence, etc., with offenders (preview)
Section 16 – Deserting post and neglect of duty (preview)
Section 17 – Mutiny (preview)
Section 18 – Persons on board ship or aircraft seducing Coast Guard personnel from allegiance (preview)
Section 19 – Striking or threatening superior officers (preview)
Section 20 – Disobedience to superior officer (preview)
Section 21 – Ill-treating subordinates (preview)
Section 22 – Quarrelling, fighting and disorderly behaviour (preview)
Section 23 – Certain forms of disgraceful conduct (preview)
Section 24 – Drunkenness (preview)
Section 25 – Desertion and aiding desertion (preview)
Section 26 – Breaking out of ship and absence without leave (preview)
Section 27 – Losing ship or aircraft (preview)
Section 28 – Dangerous unauthorised flying (preview)
Section 29 – Inaccurate certificate (preview)
Section 30 – Low flying and annoyance by flying (preview)
Section 31 – Disobedience of lawful command of captain of an aircraft (preview)
Section 32 – False accusations (preview)
Section 33 – Falsifying official documents and false declarations (preview)
Section 34 – Offences in respect of property (preview)
Section 35 – Damage to property (preview)
Section 36 – Taking unauthorised goods on board (preview)
Section 37 – Offences in respect of papers relating to vessel, craft or aircraft taken into custody (preview)
Section 38 – Offences in respect of vessel, craft or aircraft taken into custody (preview)
Section 39 – Unlawful taking of ransom (preview)
Section 40 – Offences relating to Coast Guard Courts (preview)
Section 41 – Escape from custody (preview)
Section 42 – Violation of the Act, rules and orders (preview)
Section 43 – False answers on enrolment (preview)
Section 44 – Offences against good order and discipline (preview)
Section 45 – Attempt (preview)
Section 46 – Abetment of offences that have been committed (preview)
Section 47 – Abetment of offence punishable with death and not committed (preview)
Section 48 – Abetment of offences punishable with imprisonment and not committed (preview)
Section 49 – Civil offences (preview)
Section 50 – Civil offences not triable by a Coast Guard Court (preview)
Section 51 – Period of limitation for trial of offences under the Act (preview)
Section 52 – Trial, etc., of a person who ceases to be subject to the Act (preview)

Chapter V — Punishments

Section 53 – Punishments awardable by Coast Guard Courts (preview)
Section 54 – Alternative punishments awardable by Coast Guard Courts (preview)
Section 55 – Combination of punishments (preview)
Section 56 – Punishments otherwise than by Coast Guard Courts (preview)
Section 57 – Minor punishments (preview)
Section 57A – Punishment for officers below the rank of Commandant (preview)
Section 58 – Provisions as to award of punishments (preview)

Chapter VI — Arrest And Proceedings Before Trial

Section 59 – Custody of offenders (preview)
Section 60 – Duty of Commanding Officer in regard to detention (preview)
Section 61 – Arrest by civil authorities (preview)
Section 62 – Capture of deserters (preview)
Section 63 – Coast Guard police officers (preview)

Chapter VII — Coast Guard Courts

Section 64 – Power to convene a Coast Guard Court (preview)
Section 65 – Composition of Coast Guard Courts (preview)
Section 66 – Dissolution of a Coast Guard Court (preview)
Section 67 – Powers of a Coast Guard Court (preview)
Section 68 – Prohibition of second trial (preview)
Section 69 – Application of Act during term of sentence (preview)
Section 70 – Place of trial (preview)
Section 71 – Choice between criminal court and Coast Guard Court (preview)
Section 72 – Power of criminal court to require delivery of an offender (preview)

Chapter VIII — Procedure Of Coast Guard Courts

Section 73 – Law Officer (preview)
Section 74 – Challenges (preview)
Section 75 – Oaths of member, Law Officer and witness (preview)
Section 76 – Voting by members (preview)
Section 77 – General rule as to evidence (preview)
Section 78 – Judicial notice (preview)
Section 79 – Summoning of witnesses (preview)
Section 80 – Documents exempted from production (preview)
Section 81 – Commissions for examination of witnesses (preview)
Section 82 – Examination of a witness on commission (preview)
Section 83 – Alternative findings (preview)
Section 84 – Presumption as to signatures (preview)
Section 85 – Enrolment paper (preview)
Section 86 – Presumption as to certain documents (preview)
Section 87 – Evidence of previous convictions and general character (preview)
Section 88 – Lunacy of accused (preview)
Section 89 – Subsequent fitness of lunatic accused for trial (preview)
Section 90 – Transmission to Central Government of orders under section 89 (preview)
Section 91 – Release of lunatic accused (preview)
Section 92 – Delivery of lunatic accused to relatives (preview)
Section 93 – Order for custody and disposal of property pending trial (preview)
Section 94 – Order for disposal of property regarding which offence is committed (preview)
Section 95 – Powers of Coast Guard Court in relation to proceedings under this Act (preview)

Chapter IX — Execution And Suspension Of Sentences

Section 96 – Form of sentence of death (preview)
Section 97 – Interim custody until execution of sentence of death (preview)
Section 98 – Execution of sentence of death (preview)
Section 99 – Commencement of sentence of imprisonment or detention (preview)
Section 100 – Execution of sentence of imprisonment (preview)
Section 101 – Temporary custody of offender (preview)
Section 102 – Conveyance of prisoner from place to place (preview)
Section 103 – Communication of certain orders to prison officers (preview)
Section 104 – Execution of Sentence of fine (preview)
Section 105 – Informality or error in the order or warrant (preview)
Section 106 – Imprisonment or detention of offender already under sentence (preview)
Section 107 – Suspension of sentence of imprisonment or detention (preview)
Section 108 – Release on suspension (preview)
Section 109 – Computation of period of suspension (preview)
Section 110 – Order after suspension (preview)
Section 111 – Reconsideration of case after suspension (preview)
Section 112 – Fresh sentence after suspension (preview)
Section 113 – Scope of power of suspension (preview)
Section 114 – Effect of suspension and remission on dismissal (preview)

Chapter X — Chief Law Officer And Law Officers

Section 115 – Appointment of Chief Law Officer and Law Officers (preview)
Section 116 – Functions of Chief Law Officer (preview)

Chapter XI — Judicial Review Of Proceedings Of Coast Guard Courts

Section 117 – Judicial review by the Chief Law Officer (preview)
Section 118 – Consideration by the Director-General (preview)

Chapter XII — Modification Of Findings And Sentences, Pardons, Commutation And Remission Of Sentences

Chapter XIII — Miscellaneous