25Desertion and aiding desertion
(1) Any person subject to this Act, who absents himself from his ship or from the place where his duty requires him to be, with an intention of not returning to such ship or place, or who, at any time and under any circumstances when absent from his ship or place of duty does any act which shows that he has an intention of not returning to such ship or place is said to desert.
1 [(2) Every person who deserts or attempts to desert the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to seven years or such less punishment as is in this Act mentioned and in every such case he shall forfeit,--
(a) all pay, salvage, prize money and allowances that have been earned by him;
(b) pension and gratuity, medals and decorations that have been granted to him; and
(c) all clothes and effects which he may have left on board the ship or the place from which he deserted,
unless the Tribunal by which he is tried or the Central Government or the Director-General otherwise directs.
Explanation.--For the purposes of this sub-section, all pay, salvage, prize money and allowances shall be deemed to have been earned by a person when such pay, salvage, prize money and allowances have become due but have not been paid to him.]
(3) Any person subject to this Act, who knowingly harbours any such deserter, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less punishment as is in this Act mentioned.
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1. Subs. by Act 44 of 2002, s. 3, for sub-section (2) (w.e.f. 12-8-2002).
- 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