THE COAST GUARD ACT, 1978

ACT NO. 30 OF 1978 · Enacted [18th August, 1978.] · 124 sections

PRELIMINARY

Section 1.Short title and commencement.

Section 2.Definitions.

Section 3.Persons subject to this Act.

CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE COAST GUARD

Section 4.Constitution of the Coast Guard.

Section 5.Control, direction, etc.

Section 6.Enrolment.

Section 7.Liability for service outside India.

Section 8.Oath of allegiance.

Section 9.Resignation and withdrawal from the post.

Section 10.Tenure of service under the Act.

Section 11.Dismissal or removal by Central Government and by other officers.

Section 12.Certificate of termination of service.

Section 13.Restrictions respecting right to form association, freedom of speech, etc.

DUTIES AND FUNCTIONS OF THE COAST GUARD

Section 14.Duties and functions of Coast Guard.

OFFENCES

Section 15.Correspondence, etc., with offenders.

Section 16.Deserting post and neglect of duty.

Section 17.Mutiny.

Section 18.Persons on board ship or aircraft seducing Coast Guard personnel from allegiance.

Section 19.Striking or threatening superior officers.

Section 20.Disobedience to superior officer.

Section 21.Ill-treating subordinates.

Section 22.Quarrelling, fighting and disorderly behaviour.

Section 23.Certain forms of disgraceful conduct.

Section 24.Drunkenness.

Section 25.Desertion and aiding desertion.

Section 26.Breaking out of ship and absence without leave.

Section 27.Losing ship or aircraft.

Section 28.Dangerous unauthorised flying.

Section 29.Inaccurate certificate.

Section 30.Low flying and annoyance by flying.

Section 31.Disobedience of lawful command of captain of an aircraft.

Section 32.False accusations.

Section 33.Falsifying official documents and false declarations.

Section 34.Offences in respect of property.

Section 35.Damage to property.

Section 36.Taking unauthorised goods on board.

Section 37.Offences in respect of papers relating to vessel, craft or aircraft taken into custody.

Section 38.Offences in respect of vessel, craft or aircraft taken into custody.

Section 39.Unlawful taking of ransom.

Section 40.Offences relating to Coast Guard Courts.

Section 41.Escape from custody.

Section 42.Violation of the Act, rules and orders.

Section 43.False answers on enrolment.

Section 44.Offences against good order and discipline.

Section 45.Attempt.

Section 46.Abetment of offences that have been committed.

Section 47.Abetment of offence punishable with death and not committed.

Section 48.Abetment of offences punishable with imprisonment and not committed.

Section 49.Civil offences.

Section 50.Civil offences not triable by a Coast Guard Court.

Section 51.Period of limitation for trial of offences under the Act.

Section 52.Trial, etc., of a person who ceases to be subject to the Act.

PUNISHMENTS

Section 53.Punishments awardable by Coast Guard Courts.

Section 54.Alternative punishments awardable by Coast Guard Courts.

Section 55.Combination of punishments.

Section 56.Punishments otherwise than by Coast Guard Courts.

Section 57.Minor punishments.

Section 57A.Punishment for officers below the rank of Commandant.

Section 58.Provisions as to award of punishments.

ARREST AND PROCEEDINGS BEFORE TRIAL

Section 59.Custody of offenders.

Section 60.Duty of Commanding Officer in regard to detention.

Section 61.Arrest by civil authorities.

Section 62.Capture of deserters.

Section 63.Coast Guard police officers.

COAST GUARD COURTS

Section 64.Power to convene a Coast Guard Court.

Section 65.Composition of Coast Guard Courts.

Section 66.Dissolution of a Coast Guard Court.

Section 67.Powers of a Coast Guard Court.

Section 68.Prohibition of second trial.

Section 69.Application of Act during term of sentence.

Section 70.Place of trial.

Section 71.Choice between criminal court and Coast Guard Court.

Section 72.Power of criminal court to require delivery of an offender.

PROCEDURE OF COAST GUARD COURTS

Section 73.Law Officer.

Section 74.Challenges.

Section 75.Oaths of member, Law Officer and witness.

Section 76.Voting by members.

Section 77.General rule as to evidence.

Section 78.Judicial notice.

Section 79.Summoning of witnesses.

Section 80.Documents exempted from production.

Section 81.Commissions for examination of witnesses.

Section 82.Examination of a witness on commission.

Section 83.Alternative findings.

Section 84.Presumption as to signatures.

Section 85.Enrolment paper.

Section 86.Presumption as to certain documents.

Section 87.Evidence of previous convictions and general character.

Section 88.Lunacy of accused.

Section 89.Subsequent fitness of lunatic accused for trial.

Section 90.Transmission to Central Government of orders under section 89.

Section 91.Release of lunatic accused.

Section 92.Delivery of lunatic accused to relatives.

Section 93.Order for custody and disposal of property pending trial.

Section 94.Order for disposal of property regarding which offence is committed.

Section 95.Powers of Coast Guard Court in relation to proceedings under this Act.

EXECUTION AND SUSPENSION OF SENTENCES

Section 96.Form of sentence of death.

Section 97.Interim custody until execution of sentence of death.

Section 98.Execution of sentence of death.

Section 99.Commencement of sentence of imprisonment or detention.

Section 100.Execution of sentence of imprisonment.

Section 101.Temporary custody of offender.

Section 102.Conveyance of prisoner from place to place.

Section 103.Communication of certain orders to prison officers.

Section 104.Execution of Sentence of fine.

Section 105.Informality or error in the order or warrant.

Section 106.Imprisonment or detention of offender already under sentence.

Section 107.Suspension of sentence of imprisonment or detention.

Section 108.Release on suspension.

Section 109.Computation of period of suspension.

Section 110.Order after suspension.

Section 111.Reconsideration of case after suspension.

Section 112.Fresh sentence after suspension.

Section 113.Scope of power of suspension.

Section 114.Effect of suspension and remission on dismissal.

CHIEF LAW OFFICER AND LAW OFFICERS

Section 115.Appointment of Chief Law Officer and Law Officers.

Section 116.Functions of Chief Law Officer.

JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS

Section 117.Judicial review by the Chief Law Officer.

Section 118.Consideration by the Director-General.

MODIFICATION OF FINDINGS AND SENTENCES, PARDONS, COMMUTATION AND REMISSION OF SENTENCES

Section 119.Petitions to Central Government or Director-General against findings and sentences.

Section 120.Powers of Central Government and Director-General in respect of findings and sentences.

MISCELLANEOUS

Section 121.Powers and duties conferrable and imposable on members of the Coast Guard.

Section 122.Protection for acts of members of the Coast Guard.

Section 123.Power to make rules.