THE COAST GUARD ACT, 1978 
_________ 
ARRANGEMENT OF SECTIONS 
__________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE                    

CHAPTER II 

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. 

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SECTIONS 

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. 

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SECTIONS 

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. 

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SECTIONS 

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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THE COAST GUARD ACT, 1978 

ACT NO. 30 OF 1978 

An  Act  to  provide  for  the  constitution  and  regulation  of  an  Armed  Force  of  the  Union  for 
ensuring the security of the maritime zones of India with a view to the protection of maritime 
and other national interests in such zones and for matters connected therewith. 

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— 

[18th August, 1978.] 

CHAPTER I 

PRELIMINARY 

1. Short title and commencement.—(1) This Act may be called the Coast Guard Act, 1978. 
(2)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Chief Law Officer” and “Law Officer” mean, respectively, the Chief Law Officer and a Law 

Officer of the Coast Guard appointed under section 115; 

(b) “civil offence” means an offence which is triable by a criminal court; 

(c) “civil prison” means any jail or place used for the detention of any criminal prisoner under the 

Prisons Act, 1894 (9 of 1894), or under any other law for the time being in force; 

(d) “Coast Guard” means the Coast Guard constituted under this Act; 

(e) “Coast Guard Court” means a court convened under section 64; 

(f)  “Coast  Guard  custody”  means  the  arrest  or  confinement  of  a  member  of  the  Coast  Guard 

according to rules; 

(g) “Commanding Officer”, when used in any provision of this Act with reference to any unit or 
ship of the Coast Guard, means the officer whose duty it is under the rules to discharge with respect 
to  that  unit  or  ship,  the  functions  of  a  Commanding  Officer  in  regard  to  matters  of  the  description 
referred to in that provision; 

(h) “criminal court” means a court of ordinary criminal justice in any part of India; 

(i) “Deputy Inspector-General” means a Deputy Inspector-General of the Coast Guard appointed 

under section 5; 

(j) “Director-General” means the Director-General of the Coast Guard appointed under section 5; 

(k) “enrolled person” means a subordinate officer, sailor or other person enrolled under this Act; 

(l)  “Inspector-General”  means  an  Inspector-General  of  the  Coast  Guard  appointed  under             

section 5; 

(m) “maritime zones of India” means the territorial waters, the contiguous zone, the continental 

shelf, the exclusive economic zone or any other maritime zone of India; 

(n)  “member  of  the  Coast  Guard”  means  an  officer,  a  subordinate  officer,  a  sailor  or  other 

enrolled person; 

(o) “notification” means a notification published in the Official Gazette; 

(p) “offence” means any act or omission punishable under this Act and includes a civil offence; 

1. 19th August, 1978, vide notification No. S.R.O. 10(E), dated 18th August, 1978, see Gazette of India, Extraordinary,          
     Part II, sec. 4. 

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(q) “officer” means a person appointed or in pay as an officer of the Coast Guard, but does not 

include a subordinate officer, sailor or other enrolled person; 

(r) “prescribed” means prescribed by rules made under this Act; 

(s) “rule” means a rule made under this Act; 

(t)  “sailor”  means  a  member  of  the  Coast  Guard  other  than  an  officer,  a  subordinate  officer  or 

other enrolled person; 

(u) “ship”, except in the expression “on board a ship”, means a Coast Guard vessel, and includes 
any establishment or station belonging to, or under the control of, the Coast Guard whether within or 
without India; 

(v) “skipper” means a subordinate officer in command of a ship; 

(w) “subordinate officer” means a person appointed or in pay as a Pradhan Adhikari, a Pradhan 
Sahayak  Engineer,  an  Uttam  Adhikari,  an  Uttam  Sahayak  Engineer,  an  Adhikari  1[,  a  Sahayak 
Engineer or a Pradhan Yantrik] of the Coast Guard; 

(x) “superior officer”, when used in relation to a person subject to this Act, means any officer or 

subordinate officer— 

(i) who is senior to that person under the rules; or 

(ii) who is entitled under this Act or the rules to give a command to that person; 

(y)  “territorial  waters”,  “contiguous  zone”,  “continental  shelf”  and  “exclusive  economic  zone”, 
shall  have  the  meanings  respectively  assigned  to  them  in  the  Territorial  Waters,  Continental  Shelf, 
Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); 

(z)  all  words  and  expressions  used  and  not  defined  in  this  Act  but  defined  in  the  Indian  Penal 

Code (45 of 1860) shall have the meanings assigned to them in that Code. 

3.  Persons  subject  to  this  Act.—(1)  The  following  persons  shall  be  subject  to  this  Act,  wherever 

they may be, namely:— 

(a) officers; 

(b) subordinate officers and other persons enrolled under this Act; 

(c) persons who have, by a general or special order of the Central Government, been required to 

serve in a ship, to such extent and subject to such conditions as may be prescribed; and 

(d) persons ordered to be received, or being passengers, on board any ship or aircraft of the Coast 

Guard, to such extent and subject to such conditions as may be prescribed. 

(2) Every person referred to in clauses (a) and (b) of sub-section (1) shall remain so subject until he 
retires, or he is discharged, released, removed or dismissed from the Coast Guard in accordance with the 
provisions of this Act and the rules. 

CHAPTER II 

CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE                    

COAST GUARD 

4.  Constitution  of  the  Coast  Guard.—(1)  There  shall  be  an  armed  force  of  the  Union  called  the 
Coast  Guard  for  ensuring  the  security  of  the  maritime  zones  of  India  with  a  view  to  the  protection  of 
maritime and other national interests in such zones. 

(2) Subject to the provisions of this Act, the Coast Guard shall be constituted in such manner as may 
be prescribed and the conditions of service of the members of the Coast Guard shall be such as may be 
prescribed. 

1. Subs. by Act 44 of 2002, s. 2, for “or a Sahayak Engineer” (w.e.f. 12-8-2002).  

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5.  Control,  direction,  etc.—(1)  The  general  superintendence,  direction  and  control  of  the  Coast 
Guard  shall  vest  in,  and  be  exercised  by,  the  Central  Government  and  subject  thereto,  and  to  the 
provisions  of this  Act  and the  rules,  the  command  and  supervision  of  the  Coast  Guard  shall  vest  in  an 
officer to be appointed by the Central Government as the Director-General of the Coast Guard. 

(2)  The  Director-General  shall,  in  the  discharge  of  his  duties  under  this  Act,  be  assisted  by  such 
number of Inspectors-General, Deputy Inspectors-General, Commandant and such other officers as may 
be appointed by the Central Government. 

6. Enrolment.—(1) The persons to be enrolled to the Coast Guard, the mode of enrolment and the 

procedure for enrolment shall be such as may be prescribed. 

(2)  Notwithstanding  anything  contained  in  this  Act  and  the  rules,  every  person  who  has,  for  a 
continuous period of three months, been in receipt of pay as a person enrolled under this Act and borne on 
the rolls of the Coast Guard shall be deemed to have been duly enrolled. 

7. Liability for service outside India.—Every member of the Coast Guard shall be liable to serve in 

any part of India as well as outside India. 

8.  Oath  of  allegiance.—Every  member  of  the  Coast  Guard  shall,  as  soon  as  may  be,  after 
appointment  or  enrolment  to  the  Coast  Guard,  make  and  subscribe  before  his  Commanding  Officer  or 
other prescribed officer, an oath or affirmation in the prescribed form. 

9.  Resignation  and  withdrawal  from  the  post.—No  member  of  the  Coast  Guard  shall  be  at 

liberty— 

(a) to resign his appointment during the term of his engagement; or 

(b) to withdraw himself from all or any of the duties of his appointment, 

except with the previous permission in writing of the prescribed authority. 

10. Tenure of service under the Act.—Every member of the Coast Guard shall hold office during 

the pleasure of the President. 

11.  Dismissal  or  removal  by  Central  Government  and  by  other  officers.—Subject  to  the 

provisions of this Act and the rules— 

(a) the Central Government may dismiss or remove from service any member of the Coast Guard; 

(b) the Director-General or any Inspector-General may dismiss or remove from the Coast Guard 

any person other than an officer; 

(c)  any  prescribed  officer  not  below  the  rank  of  a  Deputy  Inspector-General  may  dismiss  or 
remove from the Coast Guard any person under his command other than an officer or a subordinate 
officer. 

12.  Certificate  of  termination  of  service.—An  enrolled  person  who  retires,  or  is  discharged, 
released, removed or dismissed from the Coast Guard or permitted to resign therefrom, shall be furnished 
by  the  officer,  to  whose  command  he  is  subject,  with  a  certificate  in  the  language  which is the  mother 
tongue of such person and also in Hindi or English language setting forth— 

(a) the authority terminating his service; 

(b) the reasons for such termination ; and 

(c) the full period of his service in the Coast Guard. 

13. Restrictions respecting right to form association, freedom of speech, etc.—(1) No member of 

the  Coast  Guard  shall,  without  the  previous  sanction  in  writing  of  the  Central  Government  or  of  the               
prescribed authority,— 

(a) be a member of, or be associated in any way with, any trade union, labour union, or political 

association; or 

7 

(b)  be  a  member  of,  or  be  associated  in  any  way  with,  any  society,  institution,  association  or 
organisation that is not recognised as part of the Coast Guard or is not of a purely social, recreational 
or religious nature; or 

(c)  communicate  with  the  press  or  publish  or  cause  to  be  published  any  book,  letter  or  other 
document except where such communication or publication is in the bona fide discharge of his duties 
or is of a purely literary, artistic or scientific character or is of a prescribed nature. 

Explanation.—If any question arises whether any society, institution, association or organisation is of 
a  purely  social, recreational  or  religious  nature  under  clause  (b)  of this  sub-section,  the  decision  of  the 
Central Government thereon shall be final. 

(2) No member of the Coast Guard shall participate in, or address, any meeting or take part in any 
demonstration organised by any body of persons for any political purposes or for such other purposes as 
may be specified in this behalf by the Central Government. 

CHAPTER III 

DUTIES AND FUNCTIONS OF THE COAST GUARD 

14. Duties and functions of Coast Guard.—(1) It shall be the duty of the Coast Guard to protect by 
such measures, as it thinks fit, the maritime and other national interests of India in the maritime zones of 
India. 

(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to 

therein may provide for— 

(a)  ensuring  the  safety  and  protection  of  artificial  islands,  offshore  terminals,  installations  and 

other structures and devices in any maritime zone; 

(b) providing protection to fishermen including assistance to them at sea while in distress; 

(c) taking such measures as are necessary to preserve and protect the maritime environment and 

to prevent and control marine pollution; 

(d) assisting the customs and other authorities in anti-smuggling operations; 

(e) enforcing the provisions of such enactments as are for the time being in force in the maritime 

zones; and 

(f) such other matters, including measures for the safety of life and property at sea and collection 

of scientific data, as may be prescribed. 

(3) The Coast Guard shall perform its functions under this section in accordance with, and subject to 
such rules as may be prescribed and such rules may, in particular, make provisions for ensuring that the 
Coast  Guard  functions  in  close  liaison  with  Union  agencies,  institutions  and  authorities  so  as  to  avoid 
duplication of effort. 

CHAPTER IV 

OFFENCES 

15. Correspondence, etc., with offenders.—Any person subject to this Act, who,— 

(a) treacherously holds correspondence with, or communicates intelligence to, an offender; or 

(b) wilfully fails to make known to the proper authorities any information he may have received 

from an offender; or 

(c) assists the offender in any manner; or 

(d) having been captured by an offender, voluntarily serves with or aids him, 

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. 

8 

Explanation.—For the purposes of this section, “offender” includes— 

(a)  all  armed  mutineers,  armed  rebels,  armed  rioters,  pirates  and  any  person  in  arms  against 

whom it is the duty of any person subject to this Act to take action ; and 

(b)  any  person  or  persons  engaged  in  smuggling,  unlawful  exploration  or  exploitation  or  any 

other unlawful activity in the maritime zones of India. 

16. Deserting post and neglect of duty.—Any person subject to this Act, who,— 

(a) deserts his post; or 

(b) sleeps upon his watch; or 

(c) fails to perform, or negligently performs, the duty imposed on him; or 

(d) wilfully conceals any words, practice or design tending to the hindrance 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. 

17. Mutiny.—Any person subject to this Act who commits any of the following offences, that is to 

say,— 

(a) begins, incites, causes or conspires with any other person to cause any  mutiny in  the Coast 

Guard or in the military, naval or air forces of India or any forces co-operating therewith; or 

(b) joins in any such mutiny; or 

(c) being present at any such mutiny, does not use his utmost endeavours to suppress the same; or 

(d) knowing or having reason to believe in the existence of any such mutiny, or of any intention 
to  mutiny  or  of  any  such  conspiracy,  does  not,  without  delay,  give  information  thereof  to  his 
Commanding Officer or other superior officer; or 

(e) endeavours to seduce any person in the Coast Guard or in the military, naval or air forces of 

India or any forces co-operating therewith from his duty or allegiance to the Union, 

shall, on conviction by a Coast Guard Court, be liable to suffer death or such less punishment as is in this 
Act mentioned: 

Provided  that  a  sentence  of  death  awarded  under  this  section  shall  not  be  carried  out  unless  it  is 

confirmed by the Central Government. 

18. Persons on board ship or aircraft seducing Coast Guard personnel from allegiance.—Any 
person not otherwise subject to this Act who, being on board any ship or aircraft belonging to or in the 
service of the Coast Guard endeavours to seduce any person subject to this Act from his allegiance to the 
Constitution or loyalty to the State or duty to his superior officers 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. 

19. Striking or threatening superior officers.—Any person subject to this Act who commits any of 

the following offences, that is to say,— 

(a) uses criminal force to or assaults his superior officer; or 

(b) uses threatening language to such officer; or 

(c) uses insubordinate language to such officer; or 

(d) behaves with contempt to such officer, 

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: 

Provided  that  in  the  case  of  offences  specified  in  clauses  (c)  and  (d),  the  imprisonment  shall  not 

exceed five years. 

9 

20.  Disobedience  to  superior  officer.—(1)  Any  person  subject  to  this  Act  who  disobeys  in  such 
manner as to show a wilful defiance of authority any lawful command given personally by his superior 
officer  in  the  execution  of  his  office  whether  the  same  is  given  orally,  or  in  writing  or  by  signal  or 
otherwise, shall, on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which 
may extend to fourteen years or such less punishment as is in this Act mentioned. 

(2) Any person subject to this Act who disobeys any lawful command given by his superior officer, 
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. 

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. 

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. 

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. 

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. 

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. 

10 

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. 

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. 

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. 

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. 

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. 

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 

1. Subs. by Act 44 of 2002, s. 3, for sub-section (2) (w.e.f. 12-8-2002). 

11 

                                                           
(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. 

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. 

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. 

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. 

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 

12 

(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. 

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. 

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. 

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. 

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. 

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. 

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 

13 

(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. 

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.  

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. 

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. 

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. 

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. 

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. 

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. 

14 

48.  Abetment  of  offences  punishable  with  imprisonment  and  not  committed.—Any  person 
subject to this Act who abets the commission of any of the offences specified in sections 15 to  44 (both 
inclusive) and punishable with imprisonment shall, on conviction by a Coast Guard Court, if that offence 
be not 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 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. 

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. 

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. 

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. 

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). 

15 

                                                           
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. 

CHAPTER V 

PUNISHMENTS 

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. 

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. 

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. 

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 2[or section 57A]. 

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). 
2. Ins. by s. 6, ibid. (w.e.f. 12-8-2002). 

16 

                                                           
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. 
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.] 

1. Ins. by Act 44 of 2002, s. 7 (w.e.f. 12-8-2002). 

17 

                                                           
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.] 

CHAPTER VI 

ARREST AND PROCEEDINGS BEFORE TRIAL 

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. 

60.  Duty  of  Commanding  Officer  in  regard  to  detention.—(1)  It  shall  be  the  duty  of  every 
Commanding Officer to take care that a person under his command when charged with an offence is not 
detained  in  custody  for  more  than  forty-eight  hours  after  the  committal  of  such  person  into  custody  is 
reported to him, without the charge being investigated, unless investigation within that period seems to 
him to be impracticable having regard to the public service. 

(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the 
reasons  therefor,  shall  be  reported  by  the  Commanding  Officer  to  the  Deputy  Inspector-General  under 
whom he is serving or such other officer to whom an application may be made to convene a Coast Guard 
Court for the trial of the person charged. 

(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public 

holidays shall be excluded. 

(4) Subject to the provisions of this Act, the Central Government may make rules providing for the 
manner in which and the period for which any person subject to this Act may be taken into and detained 
in Coast Guard custody, pending the trial by any competent authority for any offence committed by him. 

61.  Arrest  by  civil  authorities.—Whenever  any  person  subject  to  this  Act,  who  is  accused  of  an 
offence under this Act, is within the jurisdiction of any Magistrate or police officer, such Magistrate or 
police  officer  shall  aid  in  the  apprehension  and  delivery  to  Coast  Guard  custody  of  such  person  upon 
receipt of a written application to that effect signed by his Commanding Officer or an officer authorised 
by the Commanding Officer in that behalf. 

62. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commanding 
Officer  of  the  unit  or  ship  to  which  he  belongs,  shall  give  information  of  the  desertion  to  such  civil 
authorities  as,  in  his  opinion,  may  be  able  to  afford assistance towards  the  capture  of the  deserter;  and 
such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he 
was  a  person  for  whose  apprehension  a  warrant  had  been  issued  by  a  Magistrate,  and  shall  deliver  the 
deserter, when apprehended, into Coast Guard custody. 

1. Ins. by Act 44 of 2002, s. 8 (w.e.f. 12-8-2002). 

18 

                                                           
(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this 
Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the 
nearest Magistrate, to be dealt with according to law. 

63. Coast Guard police officers.—(1) The Director-General or any prescribed officer may appoint 

persons for discharging the functions specified in sub-sections (2) and (3). 

(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for 
any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving 
in, or attached to, the Coast Guard. 

(3) Notwithstanding anything contained in section 59, a person appointed under sub-section (1) may, 
at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an 
offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded 
by  a  Coast  Guard  Court  or  by  an  officer exercising  authority  under  section  57 but  shall  not inflict any 
punishment on his own authority: 

Provided that no officer shall be so arrested or detained otherwise than on the order of another officer. 

CHAPTER VII 

COAST GUARD COURTS 

64. Power to convene a Coast Guard Court.—(1) A Coast Guard Court may be convened by the 
Central Government or the Director-General or by any officer empowered in this behalf by warrant of the 
Director-General (hereafter in this Act referred to as the convening authority). 

(2) A warrant issued under sub-section (1) may contain such restrictions, reservations or conditions as 

the Director-General may think fit. 

65. Composition of Coast Guard Courts.—(1) A Coast Guard Court shall consist of not less than 

five officers each of whom has held the post of Assistant Commandant for not less than three years. 

Explanation.—For the purposes of this sub-section “Assistant Commandant” includes any post of a 
higher rank and any post declared by the Central Government by notification to be an equivalent post as 
also any post higher in rank than the post so declared. 

(2) At every Coast Guard Court, the senior member shall be the presiding officer. 

(3) A Coast Guard Court shall not be duly constituted unless the members thereof are drawn from at 

least two ships. 

(4)  No  Coast  Guard  Court  for  the  trial  of  an  officer  shall  be  duly  constituted  unless  the  presiding 

officer and at least two members of the court are of the same rank as the accused or of a higher rank. 

66. Dissolution of a Coast Guard Court.—(1) If a Coast Guard Court after the commencement of a 

trial is reduced below the minimum number of officers required by this Act, it shall be dissolved. 

(2)  If,  on  account  of  the  illness  of  the  Law  Officer  or  of  the  accused  before  the  finding,  it  is 

impossible to continue the trial, a Coast Guard Court shall be dissolved. 

(3) The  convening  authority  of  a  Coast  Guard  Court may  dissolve  the  same  if it  considers that  the 
exigencies of the service or necessities of discipline render it impossible or inexpedient to continue the 
said Coast Guard Court. 

(4) Where a Coast Guard Court is dissolved under this section, the accused may be tried again. 

67.  Powers  of  a  Coast  Guard  Court.—Every  Coast  Guard  Court  shall  have  the  power  to  try  any 
person  subject  to  this  Act  for  any  offence  punishable  thereunder  and  to  pass  any  sentence  authorised 
thereby. 

68.  Prohibition  of  second  trial.—(1)  When  any  person  subject  to  this  Act  has  been  acquitted  or 
convicted  of  an  offence  by  a  Coast  Guard  Court  or  by  a  criminal  court  or  has  been  dealt  with  under 
section 57, he shall not be liable to be tried again for the same offence by a Coast Guard Court or dealt 
with under the said section. 

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(2) When any person, subject to this Act, has been acquitted or convicted of an offence by a Coast 
Guard Court or has been dealt with under section 57, he shall not be liable to be tried again by a criminal 
court for the same offence or on the same facts. 

69.  Application  of  Act  during  term  of  sentence.—(1)  When  a  person  subject  to  this  Act  is 
sentenced  by  a  Coast  Guard  Court to  imprisonment,  this  Act shall  apply  to  him  during  the term  of  his 
sentence, though he is dismissed from the Coast Guard, or has otherwise ceased to be subject to this Act, 
and he may be kept, removed, imprisoned and punished as if he continued to be subject to this Act. 

(2) When a person subject to this  Act is sentenced by a Coast Guard Court to death, this Act shall 

apply to him till the sentence is carried out. 

70. Place of trial.—A Coast Guard Court may be held on shore or afloat. 

71.  Choice  between  criminal  court  and  Coast  Guard  Court.—When  a  criminal  court  and  a             

Coast  Guard  Court  have  each  jurisdiction  in  respect  of  an  offence,  it  shall  be  in  the  discretion  of  the 
Director-General  or  the  Inspector-General  or  the  Deputy  Inspector-General  within  whose  command  the 
accused  person is  serving  or  such  other  officer  as  may  be  prescribed, to  decide  before  which  court the 
proceedings  shall  be  instituted,  and,  if  that  officer  decides  that  they  shall  be  instituted  before  a  Coast 
Guard Court, to direct that the accused person shall be detained in Coast Guard custody. 

72. Power of criminal court to require delivery of an offender.—(1) When a criminal court having 
jurisdiction  is  of  opinion  that  proceedings  shall  be  instituted  before  itself  in  respect  of  any  alleged 
offence,  it  may,  by  written  notice,  require  the  officer  referred  to  in  section  71  at  his  option  either  to 
deliver  over  the  offender  to  the  nearest  Magistrate  to  be  proceeded  against  according  to  law,  or  to 
postpone proceedings, pending a reference to the Central Government. 

(2) In every such case, the said officer shall either deliver over the offender in compliance with the 
requisition,  or  shall  forthwith  refer  the  question  as  to  the  court  before  which  the  proceedings  are  to  be 
instituted,  for  the  determination  of  the  Central  Government  whose  order  upon  such  reference  shall  be 
final. 

CHAPTER VIII 

PROCEDURE OF COAST GUARD COURTS 

73. Law Officer.—Every Coast Guard Court shall be attended by a Law Officer, or if no such officer 

is available, an officer approved by the Chief Law Officer or a Law Officer. 

74.  Challenges.—(1)  At  all  trials  by  a  Coast  Guard  Court,  as  soon  as  the  court  is  assembled,  the 
names  of  the  presiding  officer  and  members  shall  be  read  over to  the  accused, who  shall  thereupon  be 
asked whether he objects to being tried by any officer sitting on the court. 

(2)  If  the  accused  objects  to  such  officer,  his  objection  and  also  the  reply  thereto  of  the  officer 
objected to shall be heard and recorded, and the remaining officers of the court shall, in the absence of the 
challenged officer, decide on the objection. 

(3) If the objection is allowed by one-half or more of the votes of the members entitled to vote, the 
objection shall be allowed, and the member objected to shall retire, and his vacancy may be filled in the 
prescribed manner, by another officer subject to the same right of the accused to object. 

(4) Where no challenge is made, or when a challenge has been made and disallowed, or the place of 
every officer successfully challenged has been filled by another officer to whom no objection is made or 
allowed, the court shall proceed with the trial. 

75.  Oaths  of  member,  Law  Officer  and  witness.—(1)  An  oath  or  affirmation  in  the  prescribed 
manner shall be administered to every member of a Coast Guard Court and to the Law Officer or, as the 
case may be, the officer approved under section 73, before the commencement of the trial. 

(2)  1[Every person] giving evidence before a Coast Guard Court shall be examined after being duly 

sworn or affirmed in the prescribed form. 

1. Subs. by Act 19 of 1988, s. 3 and the Second Schedule, for “Every officer” (w.e.f. 31-3-1988). 

20 

                                                           
(3) The provisions of sub-section (2) shall not apply where the witness is a child under twelve years 
of age and the Coast Guard Court is of opinion that though the witness understands the duty of speaking 
the truth, he does not understand the nature of an oath or affirmation. 

76. Voting by members.—(1) Subject to the provisions of sub- sections (2) and (3), every decision 
of a Coast Guard Court shall be passed by an absolute majority of votes; and where there is an equality of 
votes on either the finding or the sentence, the decision shall be in favour of the accused. 

(2) No sentence of death shall be passed by a Coast Guard Court without the concurrence of at least 

two-thirds of the members of the court. 

(3)  In  matters,  other  than  a  challenge  or  the  finding  or  sentence,  the  presiding  officer  shall  have  a 

casting vote. 

77. General rule as to evidence.—The Indian Evidence Act, 1872 (1 of 1872), shall, subject to the 

provisions of this Act, apply to all proceedings before a Coast Guard Court. 

78. Judicial notice.—A Coast Guard Court may take judicial notice of any matter within the general 

knowledge of the members as officers of the Coast Guard. 

79. Summoning of witnesses.—(1) The convening authority, the presiding officer of a Coast Guard 
Court, the Law Officer or, as the case may be, the officer approved under section 73 or the Commanding 
Officer  of  the  accused  person  may,  by  summons  under  his  hand,  require  the  attendance,  at  a  time  and 
place to be mentioned in the summons, of any person either to give evidence or to produce any document 
or other thing. 

(2) In the case of a witness who is subject to this Act, the summons shall be sent to his Commanding 

Officer and such officer shall serve it upon him accordingly. 

(3)  In  the  case  of  any  other  witness,  the  summons  shall  be  sent  to  the  Magistrate  within  whose 
jurisdiction he may be, or resides, and such Magistrate shall give effect to the summons as if the witness 
were required in the court of such a Magistrate. 

(4) When a witness is required to produce any particular document or other thing in his possession or 

power, the summons shall describe it with reasonable precision. 

80.  Documents  exempted from  production.—(1)  Nothing  in  section  79 shall be  deemed  to  affect 
the operation of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or to apply to any 
letter, post card, telegram or other document in the custody of the postal or telegraph authorities. 

(2)  If  any  document  in  such  custody  is,  in  the  opinion  of  any  Chief  Judicial  Magistrate,  Chief 
Metropolitan  Magistrate,  Court  of  Session  or  High  Court,  wanted  for  the  purpose  of  any  Coast  Guard 
Court, such Magistrate  or Court  may  require  the  postal  or telegraph authorities,  as  the  case  may  be,  to 
deliver such document to such person as such Magistrate or Court may direct. 

(3) If any such document is, in the opinion of any other Magistrate or of any Commissioner of Police 
or District Superintendent of Police wanted for any such purpose, he may require the postal or telegraph 
authorities, as the case may be, to cause such search to be made for, and to detain such document pending 
the orders of any such Chief Judicial Magistrate, Chief Metropolitan Magistrate, Court of Session or High 
Court. 

81. Commissions for examination of witnesses.—(1) Whenever, in the course of a trial by a Coast 
Guard Court, it appears to the court that the examination of a witness is necessary for the ends of justice, 
and  that  the  attendance  of  such  witness  cannot  be  procured  without  an  amount  of  delay,  expense  or 
inconvenience which, in the circumstances of the case, would be unreasonable, such court may address 
the Chief Law Officer in order that a commission to take the evidence of such witness may be issued. 

(2) The Chief Law Officer may then, if he thinks necessary, issue a commission to any Metropolitan 
Magistrate  or  Judicial  Magistrate  of  the  first  class,  within  the  local  limits  of  whose  jurisdiction  such 
witness resides, to take the evidence of such witness. 

21 

(3) The Magistrate to whom the commission is issued, or, if he is the Chief Metropolitan Magistrate 
or Chief Judicial Magistrate, he or such Metropolitan Magistrate or Judicial Magistrate of the first class as 
he appoints in this behalf shall proceed to the place where the witness is, or shall summon the witness 
before him and shall take down his evidence in the same manner, and may, for this purpose, exercise the 
same powers, as in the trials of warrant-cases under the Code of Criminal Procedure, 1973 (2 of 1974). 

(4)  When  the  witness  resides  in  any  place  outside  India,  the  commission  may  be  issued  in  the          
form  and  manner  specified  in  sub  section  (3)  of  section  285  of  the  Code  of  Criminal  Procedure,                 
1973 (2 of 1974). 

82. Examination of a witness on commission.—(1) The prosecutor and the accused person in any 
case in which a commission is issued under section 81 may respectively forward any interrogatories in 
writing  which  the  court  may  think  relevant  to  the  issue,  and  the  Magistrate  executing  the  commission 
shall examine the witness upon such interrogatories. 

(2) The prosecutor and the accused person may appear before such Magistrate by counsel, or except 
in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, 
as the case may be, the said witness. 

(3) After a commission issued under section 81 has been duly executed, it shall be returned together 

with the deposition of the witness examined thereunder to the Chief Law Officer. 

(4) On receipt of a commission, and deposition returned under sub-section (3), the Chief Law Officer 
shall forward the same to the Coast Guard Court at whose instance the commission was issued or, if such 
court  has  been  dissolved,  to  any  other  court  convened  for  the  trial  of  the  accused  person;  and  the 
commission, the return thereto and the deposition shall be open to inspection by the prosecutor  and the 
accused  person,  and  may,  subject  to  all  just  exceptions,  be  read  in  evidence  in  the  case  by  either  the 
prosecutor or the accused, and shall form part of the proceedings of the court. 

(5) In every case in which a commission is issued under section 81, the trial may be adjourned for a 

specified time reasonably sufficient for the execution and return of the commission. 

83. Alternative findings.—If an accused is charged before a Coast Guard Court with one offence and 
it appears in evidence that he committed a different offence, he may be convicted of the offence which he 
is shown to have committed although he was not charged with it. 

84. Presumption  as  to  signatures.—In  any  proceeding  under this  Act, any  application,  certificate, 
warrant, reply or other document purporting to be signed by an officer in the service of the Government 
shall, on production, be presumed to have been duly signed by the person by whom and in the character in 
which it purports to have been signed, until the contrary is shown. 

85.  Enrolment  paper.—(1)  Any  enrolment  paper  purporting  to  be  signed  by  an  enrolling  officer 
shall,  in  proceedings  under  this  Act,  be  evidence  of  the  person  enrolled  having  given  the  answers  to 
questions which he is therein represented as having given. 

(2) The enrolment of such person may be proved by the production of the original or a copy of his 
enrolment  paper  purporting  to  be  certified  to  be  a  true  copy  by  the  officer  having  the  custody  of  the 
enrolment paper. 

86.  Presumption  as  to  certain  documents.—(1)  A  letter,  return  or  other  document  respecting  the 
service of any person in, or the dismissal or discharge of any person from, any unit or ship of the Coast 
Guard, or respecting the circumstances of any person not having served in, or belonged to, any unit or 
ship, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by 
any prescribed officer, shall be evidence of the facts stated in such letter, return or other document. 

(2) A Coast Guard List or Gazette purporting to be published by authority shall be evidence of the 
status and rank of the officers therein mentioned, and of any appointment held by them and of the unit or 
ship of the Coast Guard to which they belong. 

(3) Where a record is made in the books of a ship in pursuance of this Act or any rule or otherwise in 
the discharge of official duties, and purports to be signed by the Commanding Officer or by the officer 
whose duty it is to make such record, such record shall be evidence of the facts therein stated. 

22 

(4) A copy of any record in the books of a ship purporting to be certified to be a true copy by the 

officer having custody of such books shall be evidence of such record. 

(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without 
leave, and such person has surrendered himself into the custody of any officer or other person subject to 
this  Act  or  any  unit  or  ship  of  the  Coast  Guard,  or  has  been  apprehended  by  such  officer  or  person,  a 
certificate purporting to be signed by such officer, or by the Commanding Officer of the unit or ship to 
which such person belongs, as the case may be, and stating the fact, date and place of such surrender or 
apprehension, and the manner in which he was dressed shall be evidence of the matters so stated. 

(6)  Where  any  person  subject  to  this  Act  is  being  tried  on  a  charge  of  desertion  or  of  improperly 
leaving a ship or of absence without leave and such person has surrendered himself into the custody of, or 
has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a 
certificate  purporting  to  be  signed  by  such  police  officer  and  stating  the  fact,  date  and  place  of  such 
surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so 
stated. 

(7)  Any  document  purporting  to  be  a  report  under  the  hand  of  a  Chemical  Examiner  or  Assistant 
Chemical  Examiner  to  Government  1[or  any  of  the  Government  scientific  experts,  namely,  the  Chief 
Inspector  of  the  Explosives,  the  Director  of  the  Fingerprint  Bureau,  the  Director,  Haffkeine  Institute, 
Mumbai, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory 
and the Serologist to the Government] upon any matter or thing duly submitted to him for examination or 
analysis and report, may be used as evidence in any proceeding under this Act. 

Explanation.—In this section, the term “books of a ship” shall include any official book, document or 

list purporting to contain the name or names of persons appointed to the ship. 

87. Evidence of previous convictions and general character.—(1) When any person subject to this 
Act has been convicted by a Coast Guard Court of any offence, such court may inquire into, and receive, 
and record evidence of any previous convictions of such person, either by a Coast Guard Court or by a 
criminal court, or any previous award of punishment under section 57 2[or section 57A], and may further 
inquire into and record the general character of such person and such other matters as may be prescribed. 

(2) Evidence received under this section may be either oral, or in the shape of entries in, or certified 
extracts from, books of Coast Guard Courts or other official records; and it shall not be necessary to give 
notice  before  trial  to  the  person  tried,  that  evidence  as  to  his  previous  convictions  or  character  will  be 
received. 

88. Lunacy of accused.—(1) Whenever, in the course of a trial by a Coast Guard Court, it appears to 
the court that the person charged is by reason of unsoundness of mind incapable of making his defence, or 
that he committed the act alleged but was by reason of unsoundness of mind incapable of knowing the 
nature  of  the  act  or  knowing  that  it  was  wrong  or  contrary  to  law,  the  court  shall  record  a  finding 
accordingly. 

(2) The presiding officer of the Coast Guard Court shall forthwith report the case to the convening 

authority. 

(3)  The  convening  authority  to  whom  the  finding  of  a  Coast  Guard  Court  is  reported  under                 

sub-section (2) shall order the accused person to be kept in custody in the prescribed manner and shall 
report the case for the orders of the Central Government. 

(4)  On  receipt  of  a  report  under  sub-section  (3),  the  Central  Government  may  order  the  accused 

person to be detained in a lunatic asylum or other suitable place of safe custody. 

1. Ins. by Act 44 of 2002, s. 9 (w.e.f. 12-8-2002). 
2. Ins. by s. 10, ibid. (w.e.f. 12-8-2002). 

23 

                                                           
89. Subsequent fitness of lunatic accused for trial.—Where any accused person, having been found 
by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention 
under section 88, any officer prescribed in this behalf, may,— 

(a) if such  person  is  in  custody  under  sub-section (3)  of section  88,  on the  report  of  a  medical 

officer that he is capable of making his defence, or 

(b) if such  person  is  detained  in jail under  sub-section  (4)  of section  88,  on a certificate  of the 

Inspector-General  of  Prisons,  and  if  such  person  is  detained  in  a  lunatic  asylum  under  the  said                 
sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in 
any other place under that sub-section, on a certificate of the prescribed authority, that he is capable 
of making his defence, 

take steps to have such person tried by the same or another Coast Guard Court for the offence with which 
he was originally charged, or, if the offence is a civil offence, by a criminal court. 

90.  Transmission  to  Central  Government  of  orders  under  section  89.—A  copy  of  every  order 
made  by  an  officer  under  section  89  for  the  trial  of  the  accused  shall  forthwith  be  sent  to  the  Central 
Government. 

91. Release of lunatic accused.—Where any person is in custody under sub-section (3) of section 88 

or under detention under sub-section (4) of that section,— 

(a)  if  such  person  is  in  custody  under  the  said  sub-section  (3),  on  the  report  of  the  medical      

officer, or 

(b)  if  such  person  is  detained  under  the  said  sub-section  (4),  on  a  certificate  from  any  of  the 
authorities mentioned in clause (b) of section 89 that in the judgment of such officer or authority such 
person may be released without danger of his doing injury to himself or to any other person, 

the Central Government may order that such person be released or detained in custody, or transferred to a 
public lunatic asylum if he has not already been sent to such asylum. 

92. Delivery of lunatic accused to relatives.—Where any relative or friend of any person who is in 
custody  under  sub-section  (3)  of  section  88  or  under  detention  under  sub-section  (4)  of  that  section 
desires  that  he  should  be  delivered  to  his  care  and  custody,  the  Central  Government  may,  upon 
application by such relative or friend and, on his giving security to the satisfaction of that Government 
that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to 
any other person, and be produced for the inspection of such officer, and at such times and places, as the 
Central Government may direct, order such person to be delivered to such relative or friend. 

93.  Order  for  custody  and  disposal  of  property  pending  trial.—When  any  property  regarding 
which  any  offence  appears  to  have  been  committed,  or  which  appears  to  have  been  used  for  the 
commission of any offence, is produced before a Coast Guard Court during a trial, the court may make 
such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and 
if  the  property  is  subject  to  speedy  or  natural  decay  may,  after  recording  such  evidence  as  it  thinks 
necessary, order it to be sold or otherwise disposed of. 

94.  Order  for  disposal  of  property  regarding  which  offence  is  committed.—(1)  After  the 

conclusion  of  a  trial  before  a  Coast  Guard  Court,  an  officer  not  below  the  rank  of  a  Deputy                  
Inspector-General within whose command the trial was held, may make such order as he thinks fit for the 
disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, 
or otherwise, of any property or document produced before the court or in its custody, or regarding which 
any offence appears to have been committed or which has been used for the commission of any offence. 

(2) Where any order has been made under sub-section (1) in respect of property regarding which an 
offence  appears  to  have  been  committed,  a  copy  of  such  order  signed  and  certified  by  the  authority 
making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose 
jurisdiction  such  property  for  the  time  being  is  situated,  and  such  Magistrate  shall thereupon  cause the 
order to be carried out into effect as if it were an order passed by him under the provisions of the Code of 
Criminal Procedure, 1973 (2 of 1974). 

24 

(3) In this section, the term “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any person, but also any property into or for which the same may have been converted or 
exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 

95.  Powers  of  Coast  Guard  Court  in  relation  to  proceedings  under  this  Act.—Any  trial  by  a 
Coast Guard Court under the provisions of this Act shall be deemed to be a judicial proceeding within the 
meaning  of  sections  193  and  228  of  the  Indian  Penal  Code  (45  of  1860)  and  the  Coast  Guard  Court                 
shall  be  deemed  to  be  a  court  within  the  meaning  of  sections  345  and  346  of  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974). 

CHAPTER IX 

EXECUTION AND SUSPENSION OF SENTENCES 

96. Form of sentence of death.—In awarding a sentence of death, a Coast Guard Court shall, in its 
discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall 
suffer death by being shot to death. 

97.  Interim  custody  until  execution  of  sentence  of  death.—A  person  sentenced  to  death  may  be 
detained in Coast Guard custody or may be removed to a civil prison to be kept in custody until further 
orders are received from the Central Government, the Director-General or the convening authority of the 
Coast Guard Court by which he was sentenced to death or other prescribed officer, and the order of the 
Central Government, the Director-General or the convening authority or such officer shall be sufficient 
warrant for detaining the person in custody. 

98.  Execution  of  sentence  of  death.—(1)  When  a  sentence  of  death  is  to  be  executed,  the              

Director-General or the convening authority or the prescribed officer shall give directions as to the time, 
place and manner in which such sentence is to be carried out and the order of such officer or authority in 
the prescribed form shall be sufficient warrant for the execution of such sentence. 

(2) There shall be attached to the prescribed form, an order of the Central Government certifying the 

confirmation of the sentence by the Central Government. 

99.  Commencement  of  sentence  of  imprisonment  or  detention.—Whenever  any  person  is 
sentenced  under  this  Act  to  imprisonment  or  detention,  the  term  of  the  sentence  shall  be  reckoned  to 
commence on the date on which the sentence was awarded. 

100.  Execution  of  sentence  of  imprisonment.—(1)  Whenever  any  sentence  of  imprisonment  is 
passed  under  this  Act  or  whenever  any  sentence  of  death  is  commuted  to  imprisonment,  the  presiding 
officer of the Coast Guard Court which passed the sentence or such other officer as may be prescribed 
shall direct that the sentence shall be carried out by confinement in a civil prison. 

(2)  When  a  direction  has been  made  under  sub-section  (1), the  Commanding  Officer  of  the  person 
under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form 
to  the  officer  in  charge  of  the  prison  in  which  such  person  is  to  be  confined  and  shall  arrange  for  his 
despatch to such prison with the warrant. 

101.  Temporary  custody  of  offender.—Where  a  sentence  of  imprisonment  is  directed  to  be 
undergone in a civil prison, the offender may be kept in Coast Guard custody or in any other fit place, till 
such time as it is possible to send him to a civil prison. 

102. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may 
during his conveyance from place to place, or when on board a ship, aircraft or otherwise, be subject to 
such restraint as is necessary for his safe conduct and removal. 

103. Communication of certain orders to prison officers.—Whenever an order is duly made under 
this Act setting aside or varying any sentence, order or warrant under which any person is confined in a 
civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or 
his staff officer or such person as may be prescribed, to the officer in charge of the prison in which such 
person is confined. 

25 

104. Execution of  sentence of fine.—When a sentence of fine is imposed by a Coast Guard Court 
under section 53, a copy of such sentence signed and certified by the presiding officer of the court may be 
sent  to  any  Magistrate  in  India  and  such  Magistrate  shall  thereupon  cause  the  fine  to  be  recovered  in 
accordance  with  the  provisions  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  as  if  it  were  a 
sentence of fine imposed by such Magistrate. 

105.  Informality  or  error  in  the  order  or  warrant.—Whenever  any  person  is  sentenced  to 
imprisonment under this Act, and is undergoing the sentence in any place or manner in which he might be 
confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall 
not be deemed to be illegal only by reason of any informality or error in, or as respects the order, warrant 
or other document, or the authority by which, or in pursuance whereof such person was brought into, or is 
confined in any such place, and any such order, warrant or document may be amended accordingly. 

106.  Imprisonment  or  detention  of  offender  already  under  sentence.—Whenever  a  sentence  is 
passed by a Coast Guard Court on a person already under sentence either of imprisonment or detention 
passed on him under this Act for a former offence, the court may award a sentence of imprisonment or 
detention  for  the  offence  for  which  he  is  under  trial  to  commence  at  the  expiration  of  the  sentence  of 
imprisonment or detention to which he has been previously sentenced: 

Provided that so much of any term of detention imposed on a person by a sentence in pursuance of 

this section as will prolong the total term of detention beyond two years shall be deemed to be remitted. 

107.  Suspension  of  sentence  of  imprisonment  or  detention.—(1)  Where  a  person  subject  to  this 
Act  is  sentenced  to  imprisonment  or  detention,  the  Central  Government,  the  Director-General,  the 
Commanding Officer imposing the sentence or any prescribed officer may suspend the sentence whether 
or not the offender has already been committed to prison or to Coast Guard custody. 

(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, 
direct  that  until  the  orders  of  such  authority  or  officer  have  been  obtained,  the  offender  shall  not  be 
committed to prison or to Coast Guard custody. 

(3)  The  powers  conferred  by  sub-sections  (1)  and  (2)  may  be  exercised  in  the  case  of  any  such 

sentence which has been reduced or commuted. 

108. Release on suspension.—Where a sentence is suspended under section 107, the offender shall 

forthwith be released from custody. 

109.  Computation  of  period  of  suspension.—Any  period  during  which  the  sentence  is  under 

suspension shall be reckoned as part of the term of such sentence. 

110.  Order  after  suspension.—The  authority  or  officer  specified  in  section  107  may,  at  any  time 

while a sentence is suspended, order— 

(a) that the offender be committed to undergo the unexpired portion of the sentence; or 

(b) that the sentence be remitted. 

111. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case 
may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or 
officer specified in section 107, or by any officer not below the rank of a Deputy Inspector-General duly 
authorised by the authority or officer specified in section 107. 

(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of 
offender  since  his conviction  has  been such as to justify  a  remission  of the  sentence,  he shall refer the 
matter to the authority or officer specified in section 107. 

112. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended 

under this Act, is sentenced for any other offence, then— 

(a) if the further sentence is also suspended under this Act, the sentence shall run concurrently; 

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(b) if the further sentence is for a period of three months or more and is not suspended under this 
Act, the offender shall also be committed to prison or Coast Guard custody for the unexpired portion 
of the previous sentence, but both sentences shall run concurrently; and 

(c) if the further sentence is for a period of less than three months and is not suspended under this 
Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject 
to any order which may be passed under section 110 or section 111 continue to be suspended. 

113.  Scope  of  power  of  suspension.—The  powers  conferred  by  sections  107  and  110  shall  be  in 

addition to, and not in derogation of, the power of mitigation, remission and commutation. 

114.  Effect  of  suspension  and  remission  on  dismissal.—(1)  Where  in  addition  to  any  other 
sentence,  the  punishment  of  dismissal  has  been  awarded  under  this  Act  and  such  other  sentence  is 
suspended under section 107, then, such dismissal shall not take effect until so ordered by the authority or 
officer specified in section 107. 

(2)  If  such  other  sentence  is  remitted  under  section  110,  the  punishment  of  dismissal  shall  also  be 

remitted. 

CHAPTER X 

CHIEF LAW OFFICER AND LAW OFFICERS 

115. Appointment of Chief Law Officer and Law Officers.—(1) There shall be appointed by the 
Central  Government,  a  Chief  Law  Officer  and  as  many  Law  Officers  as  the  Central  Government  may 
deem necessary. 

(2) A person shall not be qualified for appointment as Chief Law Officer unless he— 

(a) is a citizen of India; and 

(b) has for at least ten years held a judicial office in the territory of India; or 

(c)  has  for  at  least  ten  years  been  an  advocate  of  a  High  Court  or  two  or  more  such  Courts  in 

succession: 

Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do 
in  the  exigencies  of  service,  relax,  for  reasons  to  be  recorded  in  writing,  the  qualification  specified  in 
clause (b) or clause (c) in respect of any person. 

(3) A person shall not be qualified for appointment as Law Officer unless he— 

(a) is a citizen of India, and 

(b) is qualified for enrolment as an advocate of a High Court. 

Explanation.—For the purposes of this section,— 

(a) in computing the period during which a person has been an advocate of a High Court, there 
shall  be  included any  period  during  which  the  person  has held  a judicial  office  after  he  became  an 
advocate; 

(b) the expression “judicial office” shall be deemed to include the post of Law Officer. 

116. Functions of Chief Law Officer.—(1) It shall be the duty of the Chief Law Officer to perform 
such duties of a legal and judicial character pertaining to the Coast Guard as may, from time to time, be 
referred  or  assigned  to  him  by  the  Central  Government  or  the  Director-General,  and  to  discharge  the 
functions conferred on him by or under this Act. 

(2) The functions of the Chief Law Officer shall, in his absence or otherwise, be performed by such 

Law Officer as may be designated in this behalf by the Director-General. 

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CHAPTER XI 

JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS 

117.  Judicial  review  by  the  Chief  Law  Officer.—(1)  All  proceedings  of  trials  by  Coast  Guard 

Courts  shall  be  reviewed  by  the  Chief  Law  Officer  either  on  his  own  motion  or  on  application  made                 
to him within the prescribed time by any person aggrieved by any sentence or finding, and the Chief Law 
Officer  shall  transmit  the  report  of  such  review  together  with  such  recommendations  as  may  appear                  
to  him  just  and  proper  to  the  Director-General  for  his  consideration  and  for  such  action  as  the                  
Director-General may think fit. 

(2) Where any person aggrieved has made an application under sub-section (1), the Chief Law Officer 
may, if the circumstances of the case so require, give him an opportunity of being heard either in person 
or through a legal practitioner or an officer of the Coast Guard. 

118. Consideration by the Director-General.—(1) On receipt of the report and recommendations, if 
any,  under  section  117,  the  Director-General  shall  in  all  cases  of  sentences  of  death,  and  in  all  cases 
where the Coast Guard Court is convened by the Central Government, and may, in other cases, transmit 
the proceedings and the report to the Central Government together with such recommendations as he may 
deem fit to make. 

(2)  Nothing  in  section  117  or  this  section  shall  authorise  the  Chief  Law  Officer  or  the                      

Director-General to make any recommendation for setting aside, or the Central Government to set aside, 
an order of acquittal passed under this Act. 

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.—Any 
person subject to this Act who considers himself aggrieved by a finding or sentence of any Coast Guard 
Court  may  present  a  petition  to  the  Central  Government  or  to  the  Director-General,  and  the  Central 
Government or the Director-General, as the case may be, may pass such orders thereon as it or he may 
think fit. 

120.  Powers  of  Central  Government  and  Director-General  in  respect  of  findings  and 
sentences.—(1) Where any person is tried under the provisions of this Act, the Central Government or 
the Director-General may, in the case of a conviction,— 

(a)  set  aside  the  finding  and  sentence  and  acquit  or  discharge  the  accused  or  order  him  to  be                  

re-tried; or 

(b) alter the finding without modifying the sentence if such sentence may be legally passed on the 

altered finding; or 

(c) with or without altering the finding, reduce the sentence or commute the punishment awarded 

for any punishment inferior in scale; or 

(d)  either  with  or  without  conditions,  pardon  the  person  or  remit  the  whole  or  any  part  of  the 

punishment awarded; or 

(e) with or without conditions release the person on parole: 

Provided  that  a  sentence  of  imprisonment  shall  not  be  commuted  for  a  sentence  of  detention  for  a 

term exceeding the term of imprisonment awarded: 

Provided  further  that  nothing  in  this  sub-section  shall  authorise  the  Central  Government  or  the 

Director-General to enhance the sentence. 

(2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if 

it had been originally passed. 

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(3)  If  any  condition  on  which  a  person  has  been  pardoned  or  has  been  released  on  parole  or  a 
punishment  has  been  remitted  is  in  the  opinion  of  the  authority  which  granted  the  pardon,  release  or 
remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the 
sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted: 

Provided  that  in  the  case  of  a  person  sentenced  to  imprisonment  or  detention,  such  person  shall 

undergo only the unexpired portion of the sentence. 

CHAPTER XIII 

MISCELLANEOUS 

121. Powers and duties conferrable and imposable on members of the Coast Guard.—(1) The 
Central Government may, by general or special order published in the Official Gazette, direct that, subject 
to such conditions and limitations, and within the local limits of such inland area adjoining the coast of 
India, as may be specified in the order, any member of the Coast Guard may,— 

(i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) 

Act,  1920  (34  of  1920),  the  Emigration  Act,  1922  (7  of  1922),  the  Registration  of  Foreigners                 
Act,  1939  (16  of  1939),  the  Foreigners  Act,  1946  (31  of  1946),  the  Merchant  Shipping  Act,                    
1958 (44 of 1958), the Customs Act, 1962 (52 of 1962), the Passports Act, 1967 (15 of 1967), the 
Foreign  Exchange  Regulation  Act,  1973  (46  of  1973),  or  the Territorial  Waters,  Continental  Shelf, 
Exclusive Economic Zone  and other Maritime Zones Act, 1976 (80 of 1976), or of any cognizable 
offence punishable under any other Central Act; or 

(ii)  for  the  purpose  of  apprehending  any  person  who  has  committed  any  offence  referred  to  in 

clause (i), 

exercise  or  discharge  such  of  the  powers  or  duties  under  that  Act  or  any  other  Central  Act  as  may  be 
specified in the said order, being the powers and duties which, in the opinion of the Central Government, 
an  officer  of  the  corresponding  or  lower  rank  is  by  that  or  such  other  Act  empowered  to  exercise  or 
discharge for the said purposes. 

(2) The Central Government may, by general or special order published in the Official Gazette, direct, 
with the concurrence of the State Government concerned, that any of the powers or duties which may be 
exercised  or  discharged  under  a  State  Act  by  a  police  officer  may,  subject  to  such  conditions  and 
limitations,  and  within  the  local  limits  of  such  inland  area  adjoining  the  coast  of  India,  as  may  be 
specified in the order, be exercised or discharged by a member of the Coast Guard who, in the opinion of 
the Central Government, holds a corresponding or higher rank. 

(3) The Central Government may, by general or special order published in the Official Gazette, direct 
that, subject to such conditions and limitations, and within the local limits of such area in any maritime 
zone of India, as may be specified in the order, any member of the Coast Guard may,— 

(i) for the purpose of prevention of any offence punishable under any enactment which extends 

for the time being to such area; or 

(ii)  for  the  purpose  of  apprehending  any  person  who  has  committed  any  offence  referred  to  in 

clause (i), 

exercise or discharge such of the powers or duties under that enactment, as may be specified in the said 
order,  being  the  powers  and  duties  which,  in  the  opinion  of  the  Central  Government,  an  officer  of  the 
corresponding  or  lower  rank  is  by  that  enactment  empowered  to  exercise  or  discharge  for  the  said 
purposes. 

(4) Every order made under this section shall be laid, as soon as may be after it is made, before each 
House of Parliament, while it is in session, for a total period  of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the order or both Houses agree that the order should not be made, the order shall thereafter have effect 
only in such modified form or be of no effect, as the case may be; so, however, that any such modification 
or annulment shall be without prejudice to the validity of anything previously done under that order. 

29 

122. Protection for acts of members  of the Coast Guard.—(1) In any suit or proceeding against 
any  member  of  the  Coast  Guard  for  any  act  done  by  him  in  pursuance  of  a  warrant  or  order  of  a 
competent authority, it shall be lawful for him to plead that such act was done by him under the authority 
of such warrant or order. 

(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it 
is so proved, the member of the Coast Guard shall thereupon be discharged from liability in respect of the 
act  so  done  by  him,  notwithstanding  any  defect  in  the  jurisdiction  of  the  authority  which  issued  such 
warrant or order. 

(3)  Notwithstanding  anything  contained  in  any  other  law  for  the  time  being  in  force,  any  legal 
proceeding (whether civil or criminal) which may lawfully be brought against any member of the Coast 
Guard for anything done or intended to be done under the powers conferred by, or in pursuance of any 
provision of this Act or the rules, shall be commenced within three months after the act complained of 
was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall 
be  given  to  the  defendant or  his superior  officer  at  least  one  month  before  the commencement  of  such 
proceeding. 

123. Power to make rules.—(1) The Central Government  may, by notification, make rules for the 

purpose of carrying into effect the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for,— 

(a) the constitution, governance, command and discipline of the Coast Guard; 

(b)  the  enrolment  of  persons  to  the  Coast  Guard  and  the  recruitment  of  other  members  of  the 

Coast Guard; 

(c)  the  conditions  of  service  (including  service  privileges  and  deductions  from  pay  and 

allowances) of members of the Coast Guard; 

(d) the rank, precedence, powers of command and authority of the officers, subordinate officers 

and other enrolled persons; 

(e) the removal, retirement, release or discharge from the service of officers, subordinate officers 

and other enrolled persons; 

(f) the purposes and other matters required to be prescribed under section 13; 

1[(fa) the manner in which proceedings may be initiated under section 57A;] 

(g)  the  additional  matters  in  respect  of  which  the  Coast  Guard  may  undertake  measures  in  the 

performance of its functions; 

(h) the convening, constitution, adjournment, dissolution and sittings of Coast Guard Courts, the 
procedure to be observed in trials by such courts, the persons by whom an accused may be defended 
in such trials and the appearance of such persons thereat; 

(i) the forms of orders to be made under the provisions of this Act relating to Coast Guard Courts 

and the awards and infliction of death, imprisonment and detention; 

(j) the carrying into effect of sentences of Coast Guard Courts; 

(k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to 
the  investigation,  arrest,  custody,  trial  and  punishment  of  offences  triable  or  punishable  under  this 
Act; 

(l) the procedure relating to the exercise of powers under section 120; 

(m) the ceremonials to be observed and marks of respect to be paid in the Coast Guard; 

1. Ins. by Act 44 of 2002, s. 11 (w.e.f. 12-8-2002).  

30 

                                                           
(n) any other matter which is to be, or may be prescribed or in respect of which this Act makes no 
provision or makes insufficient provision and provision is, in the opinion of the Central Government, 
necessary for the proper implementation of this Act. 

(3)  Every  rule  made  under  this  Act  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  each 
House of Parliament, while it is in session, for a total period of thirty days which may be comprised in 
one session or in two or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

31 

