The Coast Guard Act, 1978
Administered Ministry: Ministry of Defence / Department of Defence
Section
Section 41 Escape from custody.
Any person subject to this Act who, being in lawful custody, escapes or attempts to escape, 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 42 Violation of the Act, rules and orders.
Any person subject to this Act who neglects to obey, or contravenes any provision of this Act or any rule or any order issued by any lawful authority under this Act, shall, if no other punishment is provided in this Act for such neglect or contravention, 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 43 False answers on enrolment.
Any person having become subject to this Act who is discovered to have made at the time of enrolment, a wilfully false answer to any question set forth in the prescribed form of enrolment which has been put to him by the enrolling officer before whom he appears for the purpose of being enrolled, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to five years or such less punishment as is in this Act mentioned.
Section 44 Offences against good order and discipline.
Any person subject to this Act who is guilty of any act or omission or disorder or neglect, which, though not specified in this Act, is prejudicial to good order and discipline of the Coast Guard 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 45 Attempt.
Any person subject to this Act who attempts to commit any of the offences specified in sections 15 to 44 (both inclusive) and in such attempt does any act towards the commission of the offence shall, on conviction by a Coast Guard Court, where no express provision is made by this Act for the punishment of such attempt, be liable,--
(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and
(b) if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
(a) if the offence attempted to be committed is punishable with death, to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned; and
(b) if the offence attempted to be committed is punishable with imprisonment, to suffer imprisonment for a term which may extend to one-half of the longest term provided for that offence or such less punishment as is in this Act mentioned.
Section 46 Abetment of offences that have been committed.
Any person subject to this Act who abets the commission of any of the offences specified in sections 15 to 44 (both inclusive), shall, on conviction by a Coast Guard Court, if the act abetted is committed in consequence of the abetment and no express provision is made by this Act for the punishment of such abetment, be liable to suffer imprisonment provided for that offence or such less punishment as is in this Act mentioned.
Section 47 Abetment of offence punishable with death and not committed.
Any person subject to this Act, who abets the commission of an offence punishable with death under section 17 shall, on conviction by a Coast Guard Court, if that offence be not committed in consequence of that abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
Section 48 Abetment of offences punishable with imprisonment and not committed.
Any person subject to this Act, who abets the commission of an offence punishable with death under section 17 shall, on conviction by a Coast Guard Court, if that offence be not committed in consequence of that abetment, be liable to suffer imprisonment for a term which may extend to fourteen years or such less punishment as is in this Act mentioned.
Section 49 Civil offences.
Subject to the provisions of section 50, any person subject to this Act who at any place in, or beyond, India commits any civil offence shall be deemed to be guilty of an offence against this Act and, if charged therewith under this section shall be liable to be tried by a Coast Guard Court, and, on conviction, be punishable as follows, that is to say,--
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law or such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.
(a) if the offence is one which would be punishable under any law in force in India with death, he shall be liable to suffer any punishment, assigned for the offence, by the aforesaid law or such less punishment as is in this Act mentioned; and
(b) in any other case, he shall be liable to suffer any punishment, assigned for the offence by the law in force in India, or imprisonment for a term which may extend to seven years, or such less punishment as is in this Act mentioned.
Section 50 Civil offences not triable by a Coast Guard Court.
A person subject to this Act who commits an offence of murder or of culpable homicide not amounting to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence against this Act and shall not be tried by a Coast Guard Court, unless he commits any of the said offences,--
(a) at any place outside India; or
(b) at any place specified by the Central Government by notification in this behalf.
(a) at any place outside India; or
(b) at any place specified by the Central Government by notification in this behalf.
Section 51 Period 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.
(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.
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).
2. Ins. by s. 4, ibid. (w.e.f. 12-8-2002).
Section 52 Trial, etc., of a person who ceases to be subject to the Act.
(1) Where an offence under this Act had been committed by any person while subject to this Act, and such person has since the commission of the offence ceased to be subject to this Act, he may be taken into and kept in the Coast Guard custody, and tried and punished for such offence as if he had continued to be so subject.
(2) No such person shall be tried for an offence, unless his trial commences 1 [within a period of two years after he has ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where a proceeding in respect of an offence has been stayed by an injunction or order, 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]:
Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of mutiny or desertion.
(2) No such person shall be tried for an offence, unless his trial commences 1 [within a period of two years after he has ceased to be subject to this Act; and in computing such period, the time during which such person has avoided arrest by absconding or concealing himself or where a proceeding in respect of an offence has been stayed by an injunction or order, 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]:
Provided that nothing contained in this sub-section shall apply to the trial of any such person for an offence of mutiny or desertion.
1. Subs. by Act 44 of 2002, s. 5, for "within six months after he has ceased to be subject of this Act" (w.e.f. 12-8-2002).
Section 53 Punishments awardable by Coast Guard Courts.
(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Coast Guard Courts according to the scale following, that is to say,--
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term;
(c) dismissal from the Coast Guard;
(d) detention in Coast Guard custody for a period not exceeding two years;
(e) reduction to the ranks or to a lower rank in the case of sailors;
(f) forfeiture of seniority of rank, forfeiture of all or any part of the service for the purpose of promotion;
(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;
(h) fine, in respect of civil offences;
(i) mulcts of pay and allowances;
(j) severe reprimand or reprimand except in the case of persons below the rank of an Uttam Navik or Uttam Yantrik.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
(a) death;
(b) imprisonment which may be for the term of life or any other lesser term;
(c) dismissal from the Coast Guard;
(d) detention in Coast Guard custody for a period not exceeding two years;
(e) reduction to the ranks or to a lower rank in the case of sailors;
(f) forfeiture of seniority of rank, forfeiture of all or any part of the service for the purpose of promotion;
(g) forfeiture of service for the purpose of increased pay, pension or any other prescribed purpose;
(h) fine, in respect of civil offences;
(i) mulcts of pay and allowances;
(j) severe reprimand or reprimand except in the case of persons below the rank of an Uttam Navik or Uttam Yantrik.
(2) Each of the punishments specified in sub-section (1) shall be deemed to be inferior in degree to every punishment preceding it in the above scale.
Section 54 Alternative punishments awardable by Coast Guard Courts.
Subject to the provisions of this Act, a Coast Guard Court may, on convicting a person subject to this Act of any of the offences specified in sections 15 to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable, or in lieu thereof, any one of the punishments lower in the scale set out in section 53 regard being had to the nature and degree of the offence.
Section 55 Combination of punishments.
Subject to the provisions of section 58, a sentence of a Coast Guard Court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of section 53 and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section.
Section 56 Punishments otherwise than by Coast Guard Courts.
Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Coast Guard Court in the manner stated in section 57 1 [or section 57A].
1. Ins. by s. 6, ibid. (w.e.f. 12-8-2002).
Section 57 Minor punishments.
Subject to the provisions of section 58, a Commanding Officer or such other officer as is, with the consent of the Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person subject to this Act, otherwise than as an officer, who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,--
(a) imprisonment for a period not exceeding three months;
(b) dismissal from the Coast Guard;
(c) detention in Coast Guard custody for a period not exceeding three months;
(d) reduction to the ranks or to a lower rank in the case of sailors;
(e) fine, in respect of civil offences;
(f) mulcts of pay and allowances;
(g) deprivation of good conduct badges;
(h) reprimand;
(i) extra work and drill for a period not exceeding fourteen days in the case of persons below the rank of an Uttam Navik or Uttam Yantrik;
(j) stoppage of leave for a period not exceeding sixty days;
(k) admonition:
Provided that no punishment specified in clauses (a) to (d) (both inclusive) shall be inflicted,--
(a) in the case of a subordinate officer, unless it is approved by an officer not below the rank of an Inspector-General; and
(b) in the case of others, unless it is approved by an officer not below the rank of a Deputy Inspector-General.
(a) imprisonment for a period not exceeding three months;
(b) dismissal from the Coast Guard;
(c) detention in Coast Guard custody for a period not exceeding three months;
(d) reduction to the ranks or to a lower rank in the case of sailors;
(e) fine, in respect of civil offences;
(f) mulcts of pay and allowances;
(g) deprivation of good conduct badges;
(h) reprimand;
(i) extra work and drill for a period not exceeding fourteen days in the case of persons below the rank of an Uttam Navik or Uttam Yantrik;
(j) stoppage of leave for a period not exceeding sixty days;
(k) admonition:
Provided that no punishment specified in clauses (a) to (d) (both inclusive) shall be inflicted,--
(a) in the case of a subordinate officer, unless it is approved by an officer not below the rank of an Inspector-General; and
(b) in the case of others, unless it is approved by an officer not below the rank of a Deputy Inspector-General.
Section 57A Punishment for officers below the rank of Commandant.
1 [57A. Punishment for officers below the rank of Commandant.--The Director-General or an officer not below the rank of Deputy Inspector-General who is appointed as Commander of a region or such other officer as is, with the consent of the Central Government, specified by the Director-General, may in the prescribed manner proceed against an officer below the rank of Commandant, who is charged with an offence under this Act and award such person one or more of the following punishments, that is to say,--
(a) forfeiture of seniority of rank or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion, for a period not exceeding twelve months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;
(b) forfeiture of seniority of rank, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding six months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;
(c) mulcts of pay and allowances;
(d) severe reprimand:
Provided that no punishment specified in clause (a) shall be inflicted by an officer other that the Director-General:
Provided further that no punishment specified in clause (b) shall be inflicted by an officer below the rank of Deputy Inspector-General who is appointed as the Commander of a region.]
(a) forfeiture of seniority of rank or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion, for a period not exceeding twelve months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;
(b) forfeiture of seniority of rank, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding six months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;
(c) mulcts of pay and allowances;
(d) severe reprimand:
Provided that no punishment specified in clause (a) shall be inflicted by an officer other that the Director-General:
Provided further that no punishment specified in clause (b) shall be inflicted by an officer below the rank of Deputy Inspector-General who is appointed as the Commander of a region.]
1. Ins. by Act 44 of 2002, s. 7 (w.e.f. 12-8-2002).
Section 58 Provisions as to award of punishments.
(1) The punishments that may be inflicted under this Act shall be awarded in accordance with the provisions of this section.
(2) A sentence of imprisonment under this Act shall in all cases be accompanied by a sentence of dismissal.
(3) A sentence of imprisonment may be rigorous or simple or partly rigorous and partly simple.
(4) No officer shall be subject to detention for any offence under this Act.
(5) No subordinate officer shall be sentenced to detention except for desertion.
(6) A sentence of detention shall not be accompanied by a sentence of dismissal from the Coast Guard.
(7) A sentence of detention for a period exceeding fourteen days shall in all cases be accompanied by stoppage of pay and allowances during the period of detention.
1 [(8) Where mulcts of pay and allowances are awarded for absence without leave, the absence shall be treated as regularised for all purposes.]
(2) A sentence of imprisonment under this Act shall in all cases be accompanied by a sentence of dismissal.
(3) A sentence of imprisonment may be rigorous or simple or partly rigorous and partly simple.
(4) No officer shall be subject to detention for any offence under this Act.
(5) No subordinate officer shall be sentenced to detention except for desertion.
(6) A sentence of detention shall not be accompanied by a sentence of dismissal from the Coast Guard.
(7) A sentence of detention for a period exceeding fourteen days shall in all cases be accompanied by stoppage of pay and allowances during the period of detention.
1 [(8) Where mulcts of pay and allowances are awarded for absence without leave, the absence shall be treated as regularised for all purposes.]
1. Ins. by Act 44 of 2002, s. 8 (w.e.f. 12-8-2002).
Section 59 Custody of offenders.
(1) Any person subject to this Act who is charged with an offence may be taken into Coast Guard custody, under the order of any superior officer.
(2) Notwithstanding anything contained in sub-section (1), an officer may order into Coast Guard custody any other officer engaged in a quarrel, affray or disorder, though such other officer may be of a higher rank.
(2) Notwithstanding anything contained in sub-section (1), an officer may order into Coast Guard custody any other officer engaged in a quarrel, affray or disorder, though such other officer may be of a higher rank.