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The Coast Guard Act, 1978

[Act No. 30 of 1978]

[18th August, 1978..]

Contents
Sections Particulars
Title The Coast Guard Act
Chapter I Preliminary
1. Short title and commencement
2. Definitions
3. Persons subject to this Act
Chapter II 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
Chapter III Duties and Functions of The Coast Guard
14. Duties and functions of Coast Guard
Chapter IV 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
Chapter V 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
Chapter VI 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
Chapter VII 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
Chapter VIII 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
Chapter IX 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
Chapter X Chief Law Officer and Law Officers
115. Appointment of Chief Law Officer and Law Officers
116. Functions of Chief Law Officer
Chapter XI Judicial Review of Proceedings of Coast Guard Courts
117. Judicial review by the Chief Law Officer
118. Consideration by the Director-General
Chapter XII 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
Chapter XIII 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


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