The Coast Guard Act, 1978
Administered Ministry: Ministry of Defence / Department of Defence
Section
Section 21 Ill-treating subordinates.
Any person subject to this Act who uses criminal force to or otherwise ill-treats any other person subject to this Act, being his subordinate in rank or position, 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.
Section 22 Quarrelling, fighting and disorderly behaviour.
Any person subject to this Act, who,--
(a) quarrels, fights with or strikes any other person, whether such person is or is not subject to this Act; or
(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
(c) behaves in a disorderly manner,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(a) quarrels, fights with or strikes any other person, whether such person is or is not subject to this Act; or
(b) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance; or
(c) behaves in a disorderly manner,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 23 Certain forms of disgraceful conduct.
Any person subject to this Act who commits any of the following offences, that is to say,--
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person,
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.
(a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or
(b) malingers, or feigns, or produces disease or infirmity in himself or intentionally delays his cure or aggravates his disease or infirmity; or
(c) with intent to render himself or any other person unfit for service, voluntarily causes hurt to himself or that person,
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.
Section 24 Drunkenness.
(1) Any person subject to this Act, who is guilty of drunkenness shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to six months or such less punishment as is in this Act mentioned.
(2) For the purposes of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Coast Guard.
(2) For the purposes of sub-section (1), a person shall be deemed to be guilty of drunkenness if, owing to the influence of alcohol or any drug whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform or behaves in a disorderly manner or in a manner likely to bring discredit to the Coast Guard.
Section 25 Desertion 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.
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.
1. Subs. by Act 44 of 2002, s. 3, for sub-section (2) (w.e.f. 12-8-2002).
Section 26 Breaking out of ship and absence without leave.
Any person subject to this Act, who without being guilty of desertion improperly leaves his ship or place of duty or is absent without leave shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned, and shall also be punished by such mulcts of pay and allowances as may be prescribed.
Section 27 Losing ship or aircraft.
(1) Any person subject to this Act who wilfully loses, strands or hazards or suffers to be lost stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of 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.
(2) Any person subject to this Act, who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(2) Any person subject to this Act, who negligently or by any default loses, strands or hazards or suffers to be lost, stranded or hazarded any ship belonging to or in the service of the Coast Guard, or loses or suffers to be lost any aircraft belonging to or in the service of the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 28 Dangerous unauthorised flying.
Any person subject to this Act who is guilty of any act or neglect in flying or in the use of any aircraft belonging to or in the service of the Coast Guard, or in relation to any such aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any person shall, on conviction by a Coast Guard Court,--
(a) if he acts wilfully or with wilful neglect, 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
(b) in any other case, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(a) if he acts wilfully or with wilful neglect, 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
(b) in any other case, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 29 Inaccurate certificate.
Any person subject to this Act who signs any certificate in relation to an aircraft belonging to or in the service of the Coast Guard or to any material thereof without ensuring its accuracy shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 30 Low flying and annoyance by flying.
Any person subject to this Act, being the pilot of an aircraft belonging to or in the service of the Coast Guard, who--
(a) flies it at a height lower than the minimum height authorised by his Commanding Officer except while taking off or landing; or
(b) flies it so as to cause or likely to cause unnecessary annoyance to any person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(a) flies it at a height lower than the minimum height authorised by his Commanding Officer except while taking off or landing; or
(b) flies it so as to cause or likely to cause unnecessary annoyance to any person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 31 Disobedience of lawful command of captain of an aircraft.
Any person subject to this Act, who while he is in an aircraft belonging to or in the service of the Coast Guard, disobeys any lawful command given by the captain of the aircraft whether such captain is subject to this Act or not, in relation to all matters relating to flying or handling of the aircraft or affecting the safety thereof, 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.
Section 32 False accusations.
Any person subject to this Act, who commits any of the following offences, that is to say,--
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false or knowingly or wilfully suppresses any material facts,
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.
(a) makes a false accusation against any person subject to this Act, knowing or having reason to believe such accusation to be false; or
(b) in making a complaint against any person subject to this Act makes any statement affecting the character of such person, knowing or having reason to believe such statement to be false or knowingly or wilfully suppresses any material facts,
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.
Section 33 Falsifying official documents and false declarations.
Any person subject to this Act who commits any of the following offences, that is to say,--
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false, or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
(a) in any report, return, list, certificate, book or other document made or signed by him, or of the contents of which it is his duty to ascertain the accuracy, knowingly makes, or is privy to the making of, any false or fraudulent statement; or
(b) in any document of the description mentioned in clause (a) knowingly makes, or is privy to the making of, any omission, with intent to defraud; or
(c) knowingly and with intent to injure any person, or knowingly and with intent to defraud, suppresses, defaces, alters or makes away with any document which it is his duty to preserve or produce; or
(d) where it is his official duty to make a declaration respecting any matter, knowingly makes a false declaration; or
(e) obtains for himself, or for any other person, any pension, allowance or other advantage or privilege by a statement which is false, and which he either knows or believes to be false, or does not believe to be true, or by making or using a false entry in any book or record, or by making any document containing a false statement, or by omitting to make a true entry or document containing a true statement,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
Section 34 Offences in respect of property.
Any person subject to this Act who commits any of the following offences, that is to say,--
(a) commits theft of any property belonging to the Government or to any Coast Guard mess, or institution, or to any person subject to this Act; or
(b) dishonestly misappropriates or converts to his own use any such property; or
(c) commits criminal breach of trust in respect of any such property; or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or damages any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud or to cause wrongful gain to one person or wrongful loss to another person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
(a) commits theft of any property belonging to the Government or to any Coast Guard mess, or institution, or to any person subject to this Act; or
(b) dishonestly misappropriates or converts to his own use any such property; or
(c) commits criminal breach of trust in respect of any such property; or
(d) dishonestly receives or retains any such property in respect of which any of the offences under clauses (a), (b) and (c) has been committed, knowing or having reason to believe the commission of such offence; or
(e) wilfully destroys or damages any property of the Government entrusted to him; or
(f) does any other thing with intent to defraud or to cause wrongful gain to one person or wrongful loss to another person,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to ten years or such less punishment as is in this Act mentioned.
Section 35 Damage to property.
Any person subject to this Act, who commits any act which causes damage to, or destruction of, any property of the Government 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.
Section 36 Taking unauthorised goods on board.
Every officer or subordinate officer in command of any ship belonging to or in the service of the Coast Guard who receives on board or permits to be received on board such ship, any goods or merchandise whatsoever other than for the sole use of the ship or persons belonging to the ship, except goods and merchandise on board any ship which may be ship-wrecked or in imminent danger either on the high seas or in some port, creek or harbour for the purpose of preserving them for their proper owners, or except such goods or merchandise as he may, at any time be ordered to take or receive on board by order of the Central Government or his superior officer, shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned.
Section 37 Offences in respect of papers relating to vessel, craft or aircraft taken into custody.
(1) All the papers, charter parties, bills of lading, passports and other documents that shall be taken, seized or found on board any vessel, craft or aircraft taken into custody by the Coast Guard shall be duly preserved and the Commanding Officer or skipper shall send the same to his immediate superior.
(2) Every Commanding Officer or skipper who fails to send the documents as required under sub-section (1) shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned.
(2) Every Commanding Officer or skipper who fails to send the documents as required under sub-section (1) shall, on conviction by a Coast Guard Court, be liable to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned.
Section 38 Offences in respect of vessel, craft or aircraft taken into custody.
Any person subject to this Act who commits any of the following offences, that is to say,--
(a) takes out without proper authority from any vessel, craft or aircraft taken into custody, any money or goods; or
(b) pillages, beats or ill-treats persons on board the said vessel, craft or aircraft; or
(c) breaks bulk on board any such vessel, craft or aircraft with intent dishonestly to misappropriate anything therein or belonging thereto,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(a) takes out without proper authority from any vessel, craft or aircraft taken into custody, any money or goods; or
(b) pillages, beats or ill-treats persons on board the said vessel, craft or aircraft; or
(c) breaks bulk on board any such vessel, craft or aircraft with intent dishonestly to misappropriate anything therein or belonging thereto,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 39 Unlawful taking of ransom.
Every Commanding Officer or skipper of a ship who,--
(a) unlawfully agrees with any person for the ransoming of any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard; or
(b) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
(a) unlawfully agrees with any person for the ransoming of any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard; or
(b) in pursuance of any unlawful agreement for ransoming or otherwise by collusion actually quits or restores any vessel, craft, aircraft, goods or things taken into custody by the Coast Guard,
shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to two years or such less punishment as is in this Act mentioned.
Section 40 Offences relating to Coast Guard Courts.
Any person subject to this Act who commits any of the following offences, that is to say,--
(a) being duly summoned or ordered to attend as a witness before a Coast Guard Court, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a Coast Guard Court to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a Coast Guard Court to be produced or delivered by him; or
(d) refuses, when a witness, to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of a Coast Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court,
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.
(a) being duly summoned or ordered to attend as a witness before a Coast Guard Court, wilfully or without reasonable excuse, makes default in attending; or
(b) refuses to take an oath or make an affirmation legally required by a Coast Guard Court to be taken or made; or
(c) refuses to produce or deliver any document in his power or control legally required by a Coast Guard Court to be produced or delivered by him; or
(d) refuses, when a witness, to answer any question which he is by law bound to answer; or
(e) is guilty of contempt of a Coast Guard Court by using insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such Court,
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.