Vidhi Codex

The Coast Guard Act, 1978

The Coast Guard Act, 1978

Defence1978123 sections13 chapters

The Coast Guard Act, 1978 establishes and regulates India’s Coast Guard as an armed force of the Union. It primarily applies to all Coast Guard officers, enrolled members, and passengers aboard their ships or aircraft. The Act details service conditions, defines service-related and civil offenses, and sets up dedicated Coast Guard Courts to enforce strict service discipline. This legislation is highly important because it empowers the force to actively ensure maritime security, protect artificial offshore installations, assist fishermen in distress at sea, prevent and control marine pollution, and combat smuggling, safeguarding India’s vital national interests and its maritime zones.

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Chapter I PRELIMINARY →

  1. 1Short title and commencement.
  2. 2Definitions.
  3. 3Persons subject to this Act.

Chapter II CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE COAST GUARD →

  1. 4Constitution of the Coast Guard.
  2. 5Control, direction, etc.
  3. 6Enrolment.
  4. 7Liability for service outside India.
  5. 8Oath of allegiance.
  6. 9Resignation and withdrawal from the post.
  7. 10Tenure of service under the Act.
  8. 11Dismissal or removal by Central Government and by other officers.
  9. 12Certificate of termination of service.
  10. 13Restrictions respecting right to form association, freedom of speech, etc.

Chapter III DUTIES AND FUNCTIONS OF THE COAST GUARD →

  1. 14Duties and functions of Coast Guard.

Chapter IV OFFENCES →

  1. 15Correspondence, etc., with offenders.
  2. 16Deserting post and neglect of duty.
  3. 17Mutiny.
  4. 18Persons on board ship or aircraft seducing Coast Guard personnel from allegiance.
  5. 19Striking or threatening superior officers.
  6. 20Disobedience to superior officer.
  7. 21Ill-treating subordinates.
  8. 22Quarrelling, fighting and disorderly behaviour.
  9. 23Certain forms of disgraceful conduct.
  10. 24Drunkenness.
  11. 25Desertion and aiding desertion.
  12. 26Breaking out of ship and absence without leave.
  13. 27Losing ship or aircraft.
  14. 28Dangerous unauthorised flying.
  15. 29Inaccurate certificate.
  16. 30Low flying and annoyance by flying.
  17. 31Disobedience of lawful command of captain of an aircraft.
  18. 32False accusations.
  19. 33Falsifying official documents and false declarations.
  20. 34Offences in respect of property.
  21. 35Damage to property.
  22. 36Taking unauthorised goods on board.
  23. 37Offences in respect of papers relating to vessel, craft or aircraft taken into custody.
  24. 38Offences in respect of vessel, craft or aircraft taken into custody.
  25. 39Unlawful taking of ransom.
  26. 40Offences relating to Coast Guard Courts.
  27. 41Escape from custody.
  28. 42Violation of the Act, rules and orders.
  29. 43False answers on enrolment.
  30. 44Offences against good order and discipline.
  31. 45Attempt.
  32. 46Abetment of offences that have been committed.
  33. 47Abetment of offence punishable with death and not committed.
  34. 48Abetment of offences punishable with imprisonment and not committed.
  35. 49Civil offences.
  36. 50Civil offences not triable by a Coast Guard Court.
  37. 51Period of limitation for trial of offences under the Act.
  38. 52Trial, etc., of a person who ceases to be subject to the Act.

Chapter V PUNISHMENTS →

  1. 53Punishments awardable by Coast Guard Courts.
  2. 54Alternative punishments awardable by Coast Guard Courts.
  3. 55Combination of punishments.
  4. 56Punishments otherwise than by Coast Guard Courts.
  5. 57Minor punishments.
  6. 57APunishment for officers below the rank of Commandant.
  7. 58Provisions as to award of punishments.

Chapter VI ARREST AND PROCEEDINGS BEFORE TRIAL →

  1. 59Custody of offenders.
  2. 60Duty of Commanding Officer in regard to detention.
  3. 61Arrest by civil authorities.
  4. 62Capture of deserters.
  5. 63Coast Guard police officers.

Chapter VII COAST GUARD COURTS →

  1. 64Power to convene a Coast Guard Court.
  2. 65Composition of Coast Guard Courts.
  3. 66Dissolution of a Coast Guard Court.
  4. 67Powers of a Coast Guard Court.
  5. 68Prohibition of second trial.
  6. 69Application of Act during term of sentence.
  7. 70Place of trial.
  8. 71Choice between criminal court and Coast Guard Court.
  9. 72Power of criminal court to require delivery of an offender.

Chapter VIII PROCEDURE OF COAST GUARD COURTS →

  1. 73Law Officer.
  2. 74Challenges.
  3. 75Oaths of member, Law Officer and witness.
  4. 76Voting by members.
  5. 77General rule as to evidence.
  6. 78Judicial notice.
  7. 79Summoning of witnesses.
  8. 80Documents exempted from production.
  9. 81Commissions for examination of witnesses.
  10. 82Examination of a witness on commission.
  11. 83Alternative findings.
  12. 84Presumption as to signatures.
  13. 85Enrolment paper.
  14. 86Presumption as to certain documents.
  15. 87Evidence of previous convictions and general character.
  16. 88Lunacy of accused.
  17. 89Subsequent fitness of lunatic accused for trial.
  18. 90Transmission to Central Government of orders under section 89.
  19. 91Release of lunatic accused.
  20. 92Delivery of lunatic accused to relatives.
  21. 93Order for custody and disposal of property pending trial.
  22. 94Order for disposal of property regarding which offence is committed.
  23. 95Powers of Coast Guard Court in relation to proceedings under this Act.

Chapter IX EXECUTION AND SUSPENSION OF SENTENCES →

  1. 96Form of sentence of death.
  2. 97Interim custody until execution of sentence of death.
  3. 98Execution of sentence of death.
  4. 99Commencement of sentence of imprisonment or detention.
  5. 100Execution of sentence of imprisonment.
  6. 101Temporary custody of offender.
  7. 102Conveyance of prisoner from place to place.
  8. 103Communication of certain orders to prison officers.
  9. 104Execution of Sentence of fine.
  10. 105Informality or error in the order or warrant.
  11. 106Imprisonment or detention of offender already under sentence.
  12. 107Suspension of sentence of imprisonment or detention.
  13. 108Release on suspension.
  14. 109Computation of period of suspension.
  15. 110Order after suspension.
  16. 111Reconsideration of case after suspension.
  17. 112Fresh sentence after suspension.
  18. 113Scope of power of suspension.
  19. 114Effect of suspension and remission on dismissal.

Chapter X CHIEF LAW OFFICER AND LAW OFFICERS →

  1. 115Appointment of Chief Law Officer and Law Officers.
  2. 116Functions of Chief Law Officer.

Chapter XI JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS →

  1. 117Judicial review by the Chief Law Officer.
  2. 118Consideration by the Director-General.

Chapter XII MODIFICATION OF FINDINGS AND SENTENCES, PARDONS, COMMUTATION AND REMISSION OF SENTENCES →

  1. 119Petitions to Central Government or Director-General against findings and sentences.
  2. 120Powers of Central Government and Director-General in respect of findings and sentences.

Chapter XIII MISCELLANEOUS →

  1. 121Powers and duties conferrable and imposable on members of the Coast Guard.
  2. 122Protection for acts of members of the Coast Guard.

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