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LAWGIST

The Coast Guard Act

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.
1978
List of Chapters & Sections

  1. PRELIMINARY

  2. 1
     Short title and commencement
  3. 2
     Definitions
  4. 3
     Persons subject to this Act

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

  • 4
     Constitution of the Coast Guard
  • 5
     Control, direction, etc
  • 6
     Enrolment
  • 7
     Liability for service outside India
  • 8
     Oath of allegiance
  • 9
     Resignation and withdrawal from the post
  • 10
     Tenure of service under the Act
  • 11
     Dismissal or removal by Central Government and by other officers
  • 12
     Certificate of termination of service
  • 13
     Restrictions respecting right to form association, freedom of speech, etc

  • DUTIES AND FUNCTIONS OF THE COAST GUARD

  • 14
     Duties and functions of Coast Guard

  • OFFENCES

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

  • PUNISHMENTS

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

  • ARREST AND PROCEEDINGS BEFORE TRIAL

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

  • COAST GUARD COURTS

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

  • PROCEDURE OF COAST GUARD COURTS

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

  • EXECUTION AND SUSPENSION OF SENTENCES

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

  • CHIEF LAW OFFICER AND LAW OFFICERS

  • 115
     Appointment of Chief Law Officer and Law Officers
  • 116
     Functions of Chief Law Officer

  • JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS

  • 117
     Judicial review by the Chief Law Officer
  • 118
     Consideration by the Director-General

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

  • 119
     Petitions to Central Government or Director-General against findings and sentences
  • 120
     Powers of Central Government and Director-General in respect of findings and sentences

  • MISCELLANEOUS

  • 121
     Powers and duties conferrable and imposable on members of the Coast Guard
  • 122
     Protection for acts of members of the Coast Guard
  • 123
     Power to make rules