The COAST GUARD ACT, 1978

PRELIMINARY

Section 1 — Short title and commencement.

(1) This Act may be called the Coast Guard Act, 1978.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Browse all 124 sections
  1. 1.Short title and commencement.
  2. 2.Definitions.
  3. 3.Persons subject to this Act.
  4. 4.Constitution of the Coast Guard.
  5. 5.Control, direction, etc.
  6. 6.Enrolment.
  7. 7.Liability for service outside India.
  8. 8.Oath of allegiance.
  9. 9.Resignation and withdrawal from the post.
  10. 10.Tenure of service under the Act.
  11. 11.Dismissal or removal by Central Government and by other officers.
  12. 12.Certificate of termination of service.
  13. 13.Restrictions respecting right to form association, freedom of speech, etc.
  14. 14.Duties and functions of Coast Guard.
  15. 15.Correspondence, etc., with offenders.
  16. 16.Deserting post and neglect of duty.
  17. 17.Mutiny.
  18. 18.Persons on board ship or aircraft seducing Coast Guard personnel from allegiance.
  19. 19.Striking or threatening superior officers.
  20. 20.Disobedience to superior officer.
  21. 21.Ill-treating subordinates.
  22. 22.Quarrelling, fighting and disorderly behaviour.
  23. 23.Certain forms of disgraceful conduct.
  24. 24.Drunkenness.
  25. 25.Desertion and aiding desertion.
  26. 26.Breaking out of ship and absence without leave.
  27. 27.Losing ship or aircraft.
  28. 28.Dangerous unauthorised flying.
  29. 29.Inaccurate certificate.
  30. 30.Low flying and annoyance by flying.
  31. 31.Disobedience of lawful command of captain of an aircraft.
  32. 32.False accusations.
  33. 33.Falsifying official documents and false declarations.
  34. 34.Offences in respect of property.
  35. 35.Damage to property.
  36. 36.Taking unauthorised goods on board.
  37. 37.Offences in respect of papers relating to vessel, craft or aircraft taken into custody.
  38. 38.Offences in respect of vessel, craft or aircraft taken into custody.
  39. 39.Unlawful taking of ransom.
  40. 40.Offences relating to Coast Guard Courts.
  41. 41.Escape from custody.
  42. 42.Violation of the Act, rules and orders.
  43. 43.False answers on enrolment.
  44. 44.Offences against good order and discipline.
  45. 45.Attempt.
  46. 46.Abetment of offences that have been committed.
  47. 47.Abetment of offence punishable with death and not committed.
  48. 48.Abetment of offences punishable with imprisonment and not committed.
  49. 49.Civil offences.
  50. 50.Civil offences not triable by a Coast Guard Court.
  51. 51.Period of limitation for trial of offences under the Act.
  52. 52.Trial, etc., of a person who ceases to be subject to the Act.
  53. 53.Punishments awardable by Coast Guard Courts.
  54. 54.Alternative punishments awardable by Coast Guard Courts.
  55. 55.Combination of punishments.
  56. 56.Punishments otherwise than by Coast Guard Courts.
  57. 57.Minor punishments.
  58. 57A.Punishment for officers below the rank of Commandant.
  59. 58.Provisions as to award of punishments.
  60. 59.Custody of offenders.
  61. 60.Duty of Commanding Officer in regard to detention.
  62. 61.Arrest by civil authorities.
  63. 62.Capture of deserters.
  64. 63.Coast Guard police officers.
  65. 64.Power to convene a Coast Guard Court.
  66. 65.Composition of Coast Guard Courts.
  67. 66.Dissolution of a Coast Guard Court.
  68. 67.Powers of a Coast Guard Court.
  69. 68.Prohibition of second trial.
  70. 69.Application of Act during term of sentence.
  71. 70.Place of trial.
  72. 71.Choice between criminal court and Coast Guard Court.
  73. 72.Power of criminal court to require delivery of an offender.
  74. 73.Law Officer.
  75. 74.Challenges.
  76. 75.Oaths of member, Law Officer and witness.
  77. 76.Voting by members.
  78. 77.General rule as to evidence.
  79. 78.Judicial notice.
  80. 79.Summoning of witnesses.
  81. 80.Documents exempted from production.
  82. 81.Commissions for examination of witnesses.
  83. 82.Examination of a witness on commission.
  84. 83.Alternative findings.
  85. 84.Presumption as to signatures.
  86. 85.Enrolment paper.
  87. 86.Presumption as to certain documents.
  88. 87.Evidence of previous convictions and general character.
  89. 88.Lunacy of accused.
  90. 89.Subsequent fitness of lunatic accused for trial.
  91. 90.Transmission to Central Government of orders under section 89.
  92. 91.Release of lunatic accused.
  93. 92.Delivery of lunatic accused to relatives.
  94. 93.Order for custody and disposal of property pending trial.
  95. 94.Order for disposal of property regarding which offence is committed.
  96. 95.Powers of Coast Guard Court in relation to proceedings under this Act.
  97. 96.Form of sentence of death.
  98. 97.Interim custody until execution of sentence of death.
  99. 98.Execution of sentence of death.
  100. 99.Commencement of sentence of imprisonment or detention.
  101. 100.Execution of sentence of imprisonment.
  102. 101.Temporary custody of offender.
  103. 102.Conveyance of prisoner from place to place.
  104. 103.Communication of certain orders to prison officers.
  105. 104.Execution of Sentence of fine.
  106. 105.Informality or error in the order or warrant.
  107. 106.Imprisonment or detention of offender already under sentence.
  108. 107.Suspension of sentence of imprisonment or detention.
  109. 108.Release on suspension.
  110. 109.Computation of period of suspension.
  111. 110.Order after suspension.
  112. 111.Reconsideration of case after suspension.
  113. 112.Fresh sentence after suspension.
  114. 113.Scope of power of suspension.
  115. 114.Effect of suspension and remission on dismissal.
  116. 115.Appointment of Chief Law Officer and Law Officers.
  117. 116.Functions of Chief Law Officer.
  118. 117.Judicial review by the Chief Law Officer.
  119. 118.Consideration by the Director-General.
  120. 119.Petitions to Central Government or Director-General against findings and sentences.
  121. 120.Powers of Central Government and Director-General in respect of findings and sentences.
  122. 121.Powers and duties conferrable and imposable on members of the Coast Guard.
  123. 122.Protection for acts of members of the Coast Guard.
  124. 123.Power to make rules.