Lawgist51Period of limitation for trial of offences under the Act
(1) No person unless he is an offender who has avoided apprehension or escaped arrest or committed the offence of desertion or of giving false entry on enrolment or the offence of mutiny shall be tried or punished in pursuance of this Act for any offence committed by him unless such trial commences 1 [within a period of three years from the commission of such offence and such period shall commence,--
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority; or
(c) where it is not known by whom the offence was committed, on the first day on which the identity of the offender becomes known to the person aggrieved by the offence or to the authority competent to initiate action,
whichever is earlier.
Explanation.--For the purposes of this sub-section, in the computation of the period of time mentioned in this sub-section, any time spent by such person, as a prisoner of war in the enemy territory, or in evading arrest, after the commission of the offence, shall be excluded].
2 [(1A) Where a proceeding in respect of an offence has been stayed by an injunction or an order of a court, then, in computing the period of limitation under this section, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn shall be excluded.]
(2) No trial for an offence of desertion or of giving false entry on enrolment shall be commenced if the person in question, not being an officer, has subsequent to the commission of the offence served continuously in an exemplary manner for not less than three years in the Coast Guard.
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1. Subs. by Act 44 of 2002, s. 4, for "within three years from the commission of such offence" (w.e.f. 12-8-2002).
2. Ins. by s. 4, ibid. (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
