Coast Guard Act, 1978 (Act No. 30 of 1978)

THE COAST GUARD ACT, 197B ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY SECTIONS 1. Short title and commencement. 2. Definitions. 3. Persons subject to this Act. CHAPTER II CONSTITUTION OF THE COAST GUARD AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE COAST GUARD 4. Constitution of the Coast Guard. 5. Control, direction, etc. 6. Enrolment. 7. Liability for service outside India. 8. Oath of allegiance. 9. Resignation and withdrawal from the post. 10. Tenure of service under the Act. 11. Dismissal or removal by Central Government" and by other officers. 12. Certificate of termmation of service. 13. Restrictions respecting right to form association, freedom of speech, etc. CHAPTER In DUTIC~ AND FUNCTIONS OF THE COAST GUARD 14. Duties and functions of Coast Guard. CHAPTER IV OFFENCES 15. Correspondence, etc., withbfferiders, 16. Deserting post and neglect of "duty. 17, Mutiny.' 1K Persons on board 'ship Of" aircraft seducing'Coast' Guard per.. sonnel 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 fonns of diszraceful conduct. 24. Drunkenness. 2°5 206 Arrangement of Sections [ACT 30 SECTIONS 25. Desertion and aiding desertion. 26. Breaking out of ship and absence without leave. 27. Losing ship or. aircraft. 28. Dangerous unauthorised flying. 29. Inaccurate certificate. 30. Low flying and annoyance by flying. 31. Disobedience of lawful command of captain of an aircraft. 32. False accusations. 33. Falsifying otftcial 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 air craft taken into custody. 38. Offences in respect of vessel,' craft or aitcraft taken into custody. 39. Unlawfull 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 PUNISH:rvrENTS 53. Punishments awardable by Coast Guard Courta; 54. Alternative punishments awardable by Coast Guard. Courts. 55. Combination of punishments. 5H. Punishments otherwise than by C6'~st Guara COUTts: 57. Minor punishments. 58. Provisions as to award of punishntents. C1:tAPTER VI ARRfST AND PROCEEDINGS BEFORE TRIAL S9 Custody of offenders. 60. Duty of Commanding Officer in regard to detention. OF 1978 l Arrangement of Sections 207 SECTIONS 61. Arrest by civil authorities. 62. Capture of deserters. 63. Coast Guard police officers. CHAPTER VI! COAST GUARD COURTS 64. Power to convene.a.CoastGuard Court. (15. Composition of Coast Guard Courts. 66. Dissolution of a Coast GuardCourt. 67. Powers of a Coast Guard Court. 68. Prohibition of second trial. 69. Application of Act during tenn of sentence. 70. Place of trial. 71. Choice belween criminal court and Coast Guard Court. 72. Power of criminal court to require delivery of an offender. CHAPTER VII! 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.oLa witness. on ..commission. 83. Alternative findings. 84. Presumption as to signatures. 85. Enrolment paper. 86. Presumption as to certain .documents. 87; -·Ev:i'dence of previous convictions and general character. 88. Lunacy of accused. '89. Subsequent ?fitness -ofIunatte S'ccusedfor 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. 208 Arrangement of Sections CHAPTER IX EXECUTION AND SUSPENSION OF SENTENCES (ACT 30 SECTIONR 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 I1f sentence of imprisonment or detention. 108. Release on suspension. 109. Computation of period of suspension. 110. Order after suspension. 111. Reconsideration of case after suspension. 112. Fresh sentence after suspension. 113. Scope of power of suspension. 114. Effect of suspension and remission on dismissal. CHAPTER X CHIEF LAW OFFICER AND LAW OFFICERS 115. Appointment of Chief Law Officer and Law Officers. 116. Functions of Chief Law Oilicer.: 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 00 Central Government or Director-General against findings and sentences. 120. Powers of Central Government and .Director-General in res pect 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. THE COAST GUARD ACT) 1978 No. 30 OF 1978 An .Act to provide for the constitution and regulation of an Armed Foree 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: CHAPTER I PRELIMINARY 1. (1) This Act may be called the Coast Guard Act, 1978. (2) It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. 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, 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 shtp of the Coast Guard, means the officer whose duty it is under the rules to discharge with res pect to that unit or ship, the functions of a Commanding Officer in regard to matters of the description referred to in that provision: 119-8-t973; uitlt Norific ittcn No. S.R.O. 10(£), dated 18-8-1,]78, Gazette of India, Part II, Section -t, r , 209 4 Law-27. Short title and com mence ment. Defini. tions, 210 Coast Guard [ACT 30 (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; (1) "Inspector-Genera!" 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; (11.) "member of the Coast Guard" means an officer,' a subordi nate officer, a sailor or other enrolled person; (0) "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; (q) "officer" means a person appointed or of the Coast Guard, but. does not include a sailor or other enrolled p~rson; in pay as an officer subordinate officer, (r) "prescribed" means prescribed by rules made under this Act; (5) "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 belong ing to, or Ender the control of, the Coast Guard whetlier within or without India; (v) "skipper" means a subordinate officer in command of a ship; (tv) "subordinate officer" means a person' appointed or in pay as a Pradhan Adhikar; a Pradhan Sahayak Engineer, an Uttam Adhikari, an Uttam Sahayak Engineer, an Adhikari or a Sahayak Engineer of the Coast Guard; (e) "superior officer", when used in relation toa person SUbject to this Act, means any officer or subordinate ofHcer . .. ' (i) who is senior to that person underths rules; or (ii) who is entitled under this Act or the rules to give a command to that person; OF 1973J Coast Guard J$nroI. ment. Control direction, tote. (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 Ex~ elusive Economic Zone and other Maritime Zones Act 1976' ', , (z) all words and expressions used and not defined in this Act but defined in the Indian Penal Code shall have the meanings assigned to them in that Co.Ie. 3. (1) The following persons shall be subject to this Act, wherever they may be, namely: (a) officers; (0) 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 pro visions of this Act and the rules, CHAPTER II CONSTITUTION OF THE COAST GU.A.Rl) AND CONDlnONS Oli' SERVDCS OF mE MEMBERS OF THE COAST GUARD 4. (I) There shall be an armed force of the Union caned 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 thi-s 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. 5. (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- shan, in the.discharge of his duties under this Act, be assisted by such number of Inspectors-General, Deputy Ins pectors-General, Commandant and such' other officers as may be appoint ed by the' Central ·Government. 6. (1) The persons to be enrolled to the Coast Guard, the mode of en rolment 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, PerSOns sUbject to this Ace. Constitu tion of the coast Guard. 212 Coast Guard [ACT 30 Liability lor service outside India. Oath of allegiance. Resigna tion and withdraw alfrom tLe post. Tenure of service cnder the Act. Dismissal or removal )y Central Govern ment and by other officers. Certifi cate of t~l'mina han of. service. Restric nons res pecting right to form as. sociation, freedOm of speech, etc. 7. Every member of the Coast Guard shall be liable to serve in any part of India as well as outside India. 8. Every member of the Coast Guard shall, as SOOII as may be, after appointment or enrolment to the Coast Guard, make and subscribe be tore his Commanding Officer or other prescribed officer, an oath or affirmation in the prescribed form. 9. No member of the Coast Guard shall be at liberty (a) to resign his appointment during the term at his engagement; or (b) to withdraw himself from ail or any of the duties of his ap pointment, except with the previous permission in writing of the prescribed authority. 10. Every member of the Coast Guard shall hold office during the pleasure of the President. 11. Subject to the provisions of this Act and the rules (a) the Central Government may dismiss or removs 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 Ins pector-General may dismiss or remove from the Coast Guard any person under his command other than an officer or a subordinate officer. 12. 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. (1) No member of the Coast Guard shall, without the previous sanction in wriJtlrrg of the Central Government or of the prescribed! authority.s-' (c) be a member of, or he associated in any way with, any trade union. labour union,or political association; or: (9). be a member of, or be .associated in.,any:yvay with. anv, SOCiety, insltitution, association or organisation, .that. is not- recegmsec, as part of the Coast Guard or is not of a purely social, recreational o~r~ religious nature;' or (c) communicate with the press or publish or cause to be 'pUb· lished any book, letter or other document except where such com 'munication or publication is in the bona fide di.Sch:~ge' o:f'his duties or is of a purely literary, artistic or scientific character or is 'of a prescribed nature~ 01' 1978] Coast Guard 2r3 ExpZanation.-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 an..}" demonstration organised by any body of persons fer' any- politfcal purpcls'es 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. (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 ot 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 (l!) ensuring the safety and protection of artificial islands, off shore terminals. installations and other structures and devices in any maritime zone; (0) providing protection to fishermen including assistance to them at sea while in distress; (c)" taking: sueh measures- as' are necessary to preserve and pre teet 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 farce in the maritime zones; and' (f) such other matters, including measures for the safety ox lifeaI1-d property at sea and' collection of'scientific data,' as may be prescr!bed:. (3J ~he-Coast 'Guardahall 'perform its functions under this seetion in accordance with, and subject to such' rules as may be prescribed and such. rules m<ry;in' particular, make provisions for ensuring that the Coast: Guard fulictions in close liaison with Union agencies, "ihstitutions and authorities 50 as to avoid duplication of effort. 'CHAPTER.IV OFFENCES 15. Any person subject to this Act. who, (a) 'treacherousl¥" liold~,correspondence with. or communicates ihtelitiencti"tb. '~If:;6fIehder;" Of, '(6) wilfully failsAo. make-known to the--proper -authorittes. any information he mav have received from. an offender;, or (c): assists-the-' offender In: any-manner; or' (d) having been captured by an of!ender, voluntarily serves with Or aids him, Dutl'lS an.! functions ~ of Coast Guard. Correll. ponde!l-Cej etc':':With otlemfm!&. 214 Coast Guard [ACT 30 Deserting post and neglect ot duty. Mutl,ny. Persons on board ship Or aireraft seducing Coast Guard personnel fnmlalltl flaue. shall, on conviction by a Coast Guard Court, be liable to suffer imprison ment for a term which may extend to seven years or such less punishment as is in this Act mentioned. Explanatian.-For the purposes of this section, "offender" includes-s (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. Any person subject to this Act, who, (c) deserts his post; or (b) sleeps upon his watch; or (c) fails to perform, or negligently performs, the duty imposed 011 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 imprison ment for a term which may extend to two years or such less punishment as is in this Act mentioned. 17. Any person subject to this Act who commits any of the following offences, that is to say, (c) 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 my 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. 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 bya Coast Guard Cour.t,be liable to suffer imprison ment for a term which may extend to seven years 01' such less punishment as is in this Act mentioned. Coast Guard 19. 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 (dj behaves with contempt to such officer, shall, on conviction by a Coast Guard Court, be liable to suffer imprison rnent 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 (e) and (d), the imprisonment shall not exceed five years. 20. (1) Any person subject tc this Act who disobeys in such manner as to show a wilful defiance of authority any lawful command given per sonally by his superior officer in the execution oi,his office whether the same is given orally, or in writin~ 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 vears 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. Any person subject to this Act who uses criminal force to or other wise 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. 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 (0) uses reproachful or provoking speeches or gestures tending to make a quarrel or disturbance: Or (e) behaves in a disorderly manner, shall, on conviction by a Coast Guard Court, be liable to suffer imprison ment for a. term which may extend to two years or such less punishment as is in this Act mentioned. 23. Any person subject to this Act who commits any of the following offences, that is· tosay, (a) is guilty of any disgraceful conduct of a cruel, indecent or unnatural kind; or (0) malingers, or feigns, or produces disease or infirmity in him self or intentionally delays his cure or aggravates his disease or infirmity; or Strikin, or threat enini Sl.lperior gfficers. Disobe dience to superior officer, Ill-treat ing subor dinates. Quarrel ling, fight ing and disorderly behaviOur. Certain foI'II1B of disgrace ful con duct. 216 Coast Guard Drunkaa nesa, Desertion and aidine desertion.. Breaking auto! ship and absence without leave. LOlling llhip or aircraft. (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 imprison ment for a term which may extend to seven years or such less punish ment as is in this Act mentioned. 24. (1) Any person subject to this Act, who is guilty of drunkenness shall, on conviction by 'a Coast Guard Court, be liable to suffer imprison ment for a term which may extend to six months or such less punish ment 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 man ner likely to bring discredit to the Coast' Guard . . .25. (1) Any person subject to this Act, who absents. himself fEom his ship or from the place where his duty requires him. to be, with an inten tion 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. . (2) Every person who deserts or attempts to desert the Coast Guard shall, on conviction by a Coast Guard Court, be liable to suffer imprison ment for a term which may extend to seven years or such less punish men t as is in this Act mentioned. (3) Any person subject to this Act, who knowingly harbours any such deserter. shan. on conviction by a Coast Guard Court, be liable to suffer imprisonment for a term which may extend to three years or such less ounishment as is in this Act mentioned; 26. Any person subject tel 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 pav and allowances as may. be prescribed. 27. (1) Any person subject to this Act who wilfully loses, strands or hazards or suffers to be lost stranded or hazardedanv 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 vears 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 suffer,;' to -be lost;' stranded or" hazarded any ship belonging to or in the service of the Coast Guard. or loses Of .suffers to be lost any aircraft belonging to Ill' in the service of the Coast Guard OF 1978] CJ.m Guard 21 7 shall; on conviction by a Coast Guard Q:;:lrt, be liable to suffer imprison ment for a term which may extend to two years or such less punishment as is in this Act mentbned. 28. 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 nerson shall, on conviction bv a Coast Guard Court,-.. ~,.' - .. (a) if he- acts wilfully of 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, Any person. subject to this Act who signs any certificate in rela tion to an' aircraft belonging to 'or in the service of the Coast Guard or to any material thereof without ensuring its accuracy shall, On con viction 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. Any person subject to-this Aet,.being the pilot of an aircraft belong ing to or in. the 'servic'e of'the Coast Guard, who (a) flies it at a height lower than the minimum height autho rised by his Commanding Officer except while taking off or landing; or (b) flies it so as tc.cause or likely to cause unnecessary annoy ance to any person, ~'~~ll. on conviction by a Coast Guard Court. be liable to suffer imorison ment for a term which mav extend to +wc years or such less punishment "') i.s in this Act mentioned. 31. Any person subject to this Act. who while he is in an aircraft belonging to or in the service of the Coast Guard, disobeys anv lawful command given bv the cantain of the aircraft whether such cantain is subject to this Act or not, in relation to all matters relating to flvina or handling of the aircraft or affectimr the safety thereof, shall. on convic tion' by a Coast Guard Court. be liable to suffer imprisonment for a term whi<>h'may extend to seven years or such less punishment as' is in this Act mentioned 32, Anv person subiect to this Act, who commits any of the following '1ffe.nc~s. that. is. to say. (a)- 'makes g..'falc;e"accus"l.tion azainst any person subject to this <'A:ct, TrnowtnR'or'n.lYing-'reason to' believe "'such' accusatlontobe false: or i" " ..fb~ in making acornplaint against any person subiect to this Act makes anv statement affectinz- the-;'charactel":jof\-:;sucn~nerson. knowing or havinz reason to believe such statement to be false or lmowinl:fhr or wi1f\1117.<:l1pnr(>~~"'l '!ny mater-ial facts; 4: Law-28, Dangerous unautho r"sed fiying~.: Inaccurate certifi cate. ]",OW flying and annoyance by flying. Disobe dience ot lawful command of captain ot an aircraft. False ac cusations. JI~ Coast Guard ~n~, . ot!tclaf" do6iment$ andblSe declara, ticns. Offences in respect of P~.Q p ~t;.' maILon conviction bv a, Coast Guard Court. be liable to sufftr.imorlllon· rnent. for a term which may extend to three, years. or. such. less punish ment" as is in this Act mentioned, 33...Any person subject to this Act who commits any .of thefollowing offences, that. is to say, (a) in any: report, return, list, certificate, book or other docu ment 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 know ingly and with intent to defraud, suppresses, defaces, alters or makes away with, any document which it is his duty to preserve or produce; Of' (d). where it is his official duty to. make a declaration respecting any matter, knowinglv 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 faIse, 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 o'C record, Ol"; by making any document containing a false statement. or. by- oInitting to make: a. true. entry Or document containinz a true statement, shall, Ott conviction by a Coast Guard Court, be liable to suffer imprison ment for a term which may extend to ten years or such less punishment as is in this A ...t mpntinn<>rl 34. Any person subject to thi. Act who, commits: any ef: the-following offences, that is to say, (ft) commits theft ot any property belonging to the Government or to- any Coast Guard mess, or institution. or to any person subiect to· this Act;-, or (b) clismm~s~y misapprcprtatea ar: converts. to, his,o.wu .use,aDY such property; or (c) commits criminal breach of trust in respect ot any sucn ,prope.rtY; or. (d) dishonestly receives or retains any sueh property in respect QLw.hi~h ~.:of the offences ~,cla.uses, (a.),. (b). and\" (c) has been c~~t.t~~)~owi!Ut..or. havin$l,. reason tl>,'b.i!]iav@tha...@ommiJUlioll of such offence; or (e). willu.Uy destroys' or damages any properly ·o~ 'the (IOverJl" me.nt entJ:ustedto him; or (f) does any other' thing with intent to J:eit'alid, 01' to fK\Ug~ wrongful i~in i:n one person t.r wrongful FIR~ tl'l' a~~)f1i"l' P~~R,.· ah'aU:,'tTn~~ iJy':a £aast '6uard 'Court, be liable "to 'sufferImprison merit 'for <a tltrm \Vhfch may eXtend 'to ten -years -ir 'such less pt.ririShiiient a!' is iii "this'~'Mentioned. . ~35. -:Any 'Pers'oJl 'subject·to ~thts Act, who 'commits "any 'act which 'causes damage to, or destruction of, any property of ihe 'Government -Shall, 'on IOnviction by a Coast Guard Court. be liable to suffer imprisonment for a"fenn 'wmch may extenirto 'seven 'years 'or .such 1ess pumshnient .as is in this Act mentioned, ~. ~1smcer'Or 'siibciidltrate 'ome'a- 'in. ncmmand ·of any 'ship belonging to or in the service of the Coast 'Guard who receiVes 'on '15bard or ;PeJmlits tobe .raceived on board such ship, any .goods or:men:handise whatsoever other than .fortp.e sale use of the ship 'or ,persons .belonglng t& the ship, except goods and merchandise on board any ship which may be shi~WrecKea .orIn 'rri:lmiiielit 'danger either on 'tne 'high 'seas or in some port,'creek or harbOur 'lor .the purpose of preserving 'them for their proper owners, or except such goods or merchandise as lie may, at any time- 'be ordered to take or receive on board bv order' or' the Central Government or his superior officer, shall, on con~iCtion 'bya 'Coast Guard Court••be liable to suffer. dismissal from the Coast Guard -cr: such less punishment as is in this AQt mentioned. 37. (1) All the papers, charter parties, bllls of lading, passports and other dccuments that shall be taken, seized or found on board any vessel, craft 'oraircr:i:£t 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 doeu ments as required 'under sub-section (1) shall, on conviction by a Coast Guard Courtv.be-Iiahle to suffer dismissal from the Coast Guard or such less punishment as is in this Act mentioned, 38. Any -person subject to this Act who commits any of the fo.llowin,g offences, that is to 'say, fa) takes out without proper authority from any vessel,cra1t 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) Creaks -bulk on board any such vessel, cra:£t or aircraft with 'intent dfiJTionestly to rmisapproprrate anything therein or belonging thereto, i,~lll, on..eonviction,by a,Coast· Guardr Court, .be -liable ,to·su1fer .iinprtson Inent fOr a'ierIn which ,may extend "totwo··years orsttch.l:ess:punfsh.. mInt as is in this Act mentioned. Damage to property. Takini unautho rtsed gOQds on board, Offences in respect of papers relating to vessel, craft .or aircraft taken intO. custody, Otf'ences :nre~ of vessel, craft or aircraft taken into eustOO.:v. :it•.Every CommandinaOfficer or- skipperofa ship who.- t1nla~~l WdlJ,l.Df (a) '9nJawfuIJy agrees with any .person 'for .the-ransoming.of aw ranaom. yi'!ss'elt'craft, aircraft, goods or things taken 'into custody by the Co:ut ~tD.ri; ;,r 220 Coast Guard '[ACT 30 Offences relating to Coast Guard Courts. ,:scap2 ;rOm .ustcdy, iriolatinn of the Act, rules and : orders. ['::lise answers on enrol nent, Offences against zood ~"d~1-'nna discipline c.b) in pursuance of :.m; unlawful agreement for ransoming or otherwise by collusion. actually quit~ or restores any vessel, craf( aircraft, goods or things taken into custody by the Coast Guard, shall, on conviction by a Coast Guard Court, be liable to suffer imprison ment for a term wnich may extend (0 two years or such less punishment as is in this Act mentioned 40. Any person subject to this Act who commits any orthe following offences, that is to say, (a) being duly summoned or ordered to attend as a witness before a Coast Guard Court, wilfully or without reasonable excuse, makes default in attending; or . (b) refuses to take' an oath or make an affirmation legally re quired 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 or a Coast Guard Court by using in sulting 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 imprison ment for a term which may extend to three years or such less punish ment as is in this Act mentioned 41. Any person subject to this ..:i.ct who, being in lawful custody, escapes or attempts to escape, shall, (,11 conviction by a Coast Guard Court, be liable to suffer imprisonment far a term which may extend to three years or such less punishment ass in this Act mentioned. 42. Any person subject to this Act who neglects to obey, or contra venes 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 Count, be liable to. suffer imprisonment for a term which may ex tend to two years or such less punishment as is in this Act mentioned. 43. 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 anrullmg officer before whom he appears for the purpose of being enrolled, shall, on conviction by a Coast Guard Court, be liable tosufter tmpnsonment for aterm which may extend to five vears or such less punishment as is in this Act mentioned. 44. 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' pre judicial to gOod order and discipline of the Coast Guard shall, on convic tion 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. 221 45. Any person subject to this Act who attempts to commit any of the Attempt. 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 oy 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 0. term which may extend to four teen years or such less punishment as is in this Act mentioned; and (b) if the offence attempted to be committed is punishable 1IMlt imprisonment, to suffer imprisonment fer 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. Any person subject to this Act who abets the commission of any or the offences specified in sections 15 to 44 (both inclusive), shaP on conviction by a Coast Guard Court, if the act abetted is committed in con sequence 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 l:-?~ punishment as is in this Act men tioned, '~7. 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 £01' a term which may extend to fourteen years or such less punishment as is in this Act men tioned. 48. Any person subject to this Act who abets the commission of any of the offences specified in sectir ns 15 to 44 (both inclusive) and punish. able 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 abet ment, 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 punish merit as is in this Act mentioned. 49. Subject to the provisions oi 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 t11erewith 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 w.th death, he shall be liable to suffer any punishment, assigned for the offen-ce, 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 tor a term which may extend to seven years, or such less' punish ment as is in this Act mentioned. Abetment crf offences that have been corn, nutted. Abetment ot offence punish able with death ~1:'1d not "'Jlmnit ted. Abetment of offences punish• able with imprison ment ang not com mitted. Ch.-il ol'fences. 222 50. A person 'Subject to this Act who commits an offence of murdo: or of culpable homicide not amounting to murder -against, or -of rape:in relation to, a person not 'subject to ,this Act shall not he 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 noti 'fication in this behalf. '51. "(7) No person unless he Is an offender who 'has avoidedapprehen sion or escaped arrest or committed the offence of desertion or 6f -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 within three years from the commission of 'such offence. (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 or. the offence served conti nuouslyIn an exemplary manner for not less than three years in the Coast Guard. 52. (1) Where an offence under this Act had been committed by any person while subject to this Act, .and such person has since thacommis sian 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 'com mences within six months after he has ceased to be subject to this Act: Provided that nothing contained in this sub-section shallapply to the trial of any such person for an offence of mutiny or desertion. CHAPTER V PUNISHMENTS 53. (1) Punishments may be inflicted in respect of offences commit ted by persons subject to this Act and convicted by Coast Guard Courts according to the scale following, that is to say, (a) death; (8) imprisonm-ent which may be 'for the 'term 0'£ life or atty .ther'lesser term; (c) dismissal from the Coast Guard; (a) 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 01 'sailors: (f) forfeiture of seniority of rank, forfeiture of all or any-part ~f the service for the purpose of promotion; OF~ 1978] Coast Guard (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. 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 punish ment with which the offence is stated In the said sections to be punish able, or in lieu thereof, anyone of the punishments lower in the scale set out in section 53 regard being had to the nature and degree of the offence. 55. Subject to the provisions of section 58, a sentence of a Coast Guard C.o.UI't may award in addition to, or without anyone other punishment, the punishment specified in clause (c) of sub-section (1) of section 53 and anyone or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section. 56, Punishments may also be inflicted in respect of offences commit ted by persons subject to this Act without the intervention of a Coast Guard Court in the manner stated in section 57. 57, SUbject to the provisions or 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, pro ceed. against. a person subject, to this Act, otherwise than as an oiJj.cer, 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; (0) dismissal from the Coast Guard; (c) delentton in Coast Guard custody for a period not exceed ing 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) .mulcta of pay and allowances; (g}. deprivatior; otgqQd 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. Yuntrik: Alterna Uve:,' . punish n;ents awardable by Coast Guard Courts. Combina.. tion of punish ments. Punish. ments otherwise than by Coast Guard Courts. Minor punish ments. Coast Guard [ACT 30 Provisions "5 to award of punish. merits. Custody of '.,!1enders. ruty of Command ing Offi. cer in regard to detent\ott· (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.s-. (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. 58. (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 anv 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. CHAPTER VI ARREST AND PROCEEDINGS BE:FORE TRIAL 59. (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. (1) It shall be the duty of every Commanding Officer to take care that a person under his command when.scharged 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 Cith:'r public' h(}~idays shall be p.Yclllderl. ~) :Sui:l,j:e(.1: .to :the,pm"lisions of this Act, tne Central. Government ..may:.make r.ulespmvirling:fox :themenner in which and the period for which any person subject to this Act may be takenjnto .and detained in Coast Guard custody, pending the trial 1;y any competent authority for -any 'offence committed by him. i61. Wheneveran.y .person subject to this Act, who is accused of an offence under this Act, is 'within the jurisdiction of any Magistrate or police officer, .suchMagistrate 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 rOfficer or an officer 'authorised by the Commanding Officer in that behalf. .62. (L) Wheneveran.Y person subject to this .Act deserts, the Com manding 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 whoso apprehension a warrant had been issued by a Magistrate. and sha: deliver the deserter, when apprehended, into Coast Guard custody. (2) Anypollee officer may arrest without warrant any person reason ably believed to be subject to this Ac., and to be a deserter or tl) be travelling without authority, and shall bring him withou t delay before the nearest Magistrate, to be dealt with according :0 law, 63. (1-) The Director-General or any prescribed officer may appoint persons for discharging the runctions specified in sub-sections (2) and (3). (2) The duties of a person appointed undersub-section (1), are to take charge of persons confined for any c::~r:ce, tc preserve goorl ::::-d,-'~- and discipline .and tcprevent breaches :i the same by persons serving in, or attached to, the Coast Guard. (3) Notwithstanding anything contained in section 59, a person ap pointed under sub-section (1) r.E:.',.n any time, arrest and detain for trial any-person subject to this ACJ: wno commies, 01.' is charged with, ;).::1 offence, and may also carry into errect :my punishment to ;:;;.: in..i'liG,':ed In pursuance of a sentence awarded oy a Coast Guard Court .:J~' by an orficer exm:cising;authority under section 57 but S;1311 not inflict any punishmenv on his own authority: Arrest by civil autho; rities. Capture of deserters. Coast Guard police officera Provided that no officer shall i;~ on the order of another officer, CHAFTER VII COAST GUI'.RD COtTRTS '64. (l)-A 'Coast Guard Court may Dc convened by the Central Govern ment or the Direorcr-General or by any officer empowered in this behalf by warrant of the .Direetor-General (hereafter in this Act referred to as ,the -eonvenina authority). (2) A wan-ant issued under sub-section (1) may CO:-:~<!l !c:ch ~·'::":1'lc· tions, reservations or conditions as the Director-General may ;.hink fit. i LaW-29, Power to eenverre a Coast Guard COUTt. 226 Coast Guard [ACT 30 Composi tion of Coast Guard Courts. Dissolu. tion of a Coast Guard Cuurt. Powers of a Coast Guard Court. Prohibi, tion of second trial. Applica tion of Act during term of, sentence. 65. (1) A Coast Guard Court shall consist of .notIess than fi¥e officers each of Whom has held the post of Assistant Commandant- forllOt.l~ than three years. Explanation.-For the purposes of this sub-section "Assistant, .Com mandant" 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 pre siding 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. (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. 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. (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. (2) When any person. subject to this Act, has been acquitted or con victed 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. (1) When a person subject to this Act is sentenced. by a Coast Guard Court to imprisonment, th6s 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, re moved, imprisoned and punished as if he continued to be subject to this Act. Coast Guard (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. A Coast Guard Court may be held on shore or afloat, 71. When a criminal court and a Coast Guard Court have each juris diction in respect of an offence, it shall be in the discretion of the Director General or the Inspector-General or the Deputy Inspector-General with in 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. (1) When a criminal court having jurisdiction is of opinion that proceedings shall be instituted before Itself in respect of anv alleged offence, it may, by written notice, require the officer referred to in sec tion 71 at his option either to deliver over the offender to the nearest Mazistrats to be proceeded against according to law. or to postpone pro ceedings, pending a reference to the Central Government. (2) In everv such case. the said officer shall either deliver over the offender in compliance 'With the requisition. or shall forthwith refer the .cuestlon 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 vrrr PROCEDURE OF COAST GUARD COURTS 73. Everv Coast Guard Court shall be attended by a Law Officer. or jf no such officer is available, an officer approved by the Chief Law Officer or a Law Officer. 74. (1) At all trials bv a Coast Guard Court. as soon as the court is assembled, the names of the presiding officer and members -:hall 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 renlv thereto of the officer objected to shall be heard and recorded. and the remaininz officers of the court shall. in the absence of the challeng eo 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 challenas 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. thl" ~omt shall ~r()ceed with the trial. Place ot trial Choice between criminal court and Coast Guard Court. Power of criminal court to require delivery of an offender. Law Offi cer. Challen ges. [AST 30 Oaths of member, Law Officer and wit ness. Voting by member". General zule as to evidence. Judicial notice. Summon :ng Of' witnesses Docu ments exempted from P!O 1.11cti0I1. 75. (1) An oath or affirmuri..n ;;l~h:.; prescribed manner shall be .idministered to every member oi cL Cease Guard Court and to the Law ()ffi.cer or, as the case may be. the officer approved under section 73, "2!Oi"S t!:..e commencement or t~:e 'i":-:c1J.. (2) I>:e.1.'Y o::-'3 c -=1' ~:>:ir.s :.::,.:i >-;:l~;'; ~)2~':'~"~ :t Coast Guard Court shall be examined 'liter h2ing duly sworn or affirmed in the prescribed. form. (3) T:1e provisions of sub-section (2) shall not apply where the wit .iess is a child el'1Cef twelve years 0: a'{2 and the Coast Guard Court is of opinion that though the witness understands the duty of speaking the truth, he does not understand t',8 nature of all oath or affirmation. 76. (1) Subject to the provisions of sub-sections (2.) and (3). every decision of a Coast Guard Court sh2.11 be passed by an absolute majority (if votes; and where there is an equality of votes on either the finding or the sentence. the decision shall 02 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. 71. The Indian Evidence Act, 1372, shall, subject to the provisions of this Act, apply to all proceedings before a Coast Guard Court. 78. A Coast Guard Court may take judicial notice of any matter with in the general knowledge of the members as officers of the Coast Guard. 79. (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 hp. 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 ~,r"lgistrate within' whose jurisdiction he- may be, or resides, and, sum .\'Iagistrate shall give effect to the summons: as if the witnes!r were re quired in the court of such a Magistrate. (4) When a witness is required to produce: any particular doetnmmt or other thing in' his possession, or' power; the summons sir.rU ~l.M! it with reasonable precision. RO. (1) Nothing in section 79 shall be deemed to affect the operation of sections 123 and 124 of the Indian Evidence Act, rBn, or·ta appfy to anv k+tA~' pr.st card. tele.~l'am or ,.,.t:her document' in the custocfv or tIre ,.(),::h1' """:>• .,r;,,;,,-,,,J, "luthnritiE'i'l " Qll 1'918] Coast Guard (2)- It' 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 Magis-trate 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. sr. (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 ot the case; would be unreasonable, such court may address the'Chief Law Officer in order that a commission to take the evi dence 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 re sides, to take. the evidence of such witness. (3) The Magistrate to whom the commission is issued, or, if he is the Chief Metropolitan Magistrate or Chief. Judicial Magistrate, he OT: such :"1J:tro.golitan 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, 1br this- purpose, exercise the same powers. as. in. the trials of. warrant-eases under the Code of Criminal Procedure, 1.973. (:{) Wlicn. the witness resides in any place outside India, the commis ::ion may be. issued in the form and manner specified in sub-section (3) of section 285 of the Code of Criminal Procedure, 1973. ~:- ('1~ The prosecutor and the. accused, person in any case-- in which a cOninifsaionJ is'. issuedrunder section: 81' may respectively forward any interrogntarieB1 in: wtitirrg 'which: the court may think relevant' to' the issue, and the Magistrate executing the' commission shan examine tHe witness upon such interrogatories, (2'- TBe pro!.fecutor- and the accused person may appear- before sueil 'Ma-gistraie; 'by ·tmmsel~ or, except" in' the case of an accused person in cus toay, fir person; and ma.y" examine, cross-examine and re-examine, as the case may be, the said witness. (3.} .A£!:m:- a', etm1J'I1fusiom issued' under secti01'!' 81 has been- duly: eXl'!CUt: ed, it sfuIlf be: renrnred- togetIlI~l" with, the deposition of the' witness exa 'Wined thNoundel' til the Chief Law Offi(Ti\r. Coms::rrlL, ~ionsfor examina tion of Witnesses.' Examilta.. tiona! a or witness' oneom. mission. Coast Guard [ACT 30 Alter. native findings. ?resun:p. tion as 10 iiiiIDatUl 'lill. Enrolment paper. Pre:l1Ul1P tion as to certain docu merits. (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 deposi han 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 pro ceedings of the court. (S) 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. 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. 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. (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 re· presented as having given. (2) The enrolment of such person may be proved by the production at" 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. 8G. (1) A letter, return or other document respecting the service of any person in, or the dismissal or discharge of any person frOID, any unit or ship' of the Coast Guard, or respecting the circumstances of any peI'Son 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-Gene ral, or by any. prescribed officer, shall be evidence of the facts stated in such letter. return OT other document. (2) A Coast Guard List or Gazette purporting to be published: by .au thority shall be evidence of the status and rank of the offlcers therein mentioned, and of any appointment held by them and of the unit or ship at 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 ()f the facts therein stated. (4) A copy of any record in the books of a ship purporting to be certified to be atrue copy by the o!'fict1r having- custody of such books :'lnaH h"" evirlsnce of such record. or:; 1978J Coast Guard tot Where; .any..person subject ttl. this Act is being triedon a cl1ar&~ i?.i.."des~rtiQn. oI: of absence..wrtnout .Ieave. and. such person has surrender ed 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 OE 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 ~f 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 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 t~ contain the name or names of persons appointed to the ship. 87. (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, 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 oD Coast Guard Courts Or other official records; and it shall not be necessary to give notice befOl1'e trial to the person tried, that evidence as to his previous convic tions or character will be received. Evid~nce of previ ous con' victlons and" . general character. 88. (1) Whenever, in the course of a trial by a Coast Guard Court, Lunacy oj it appears to the court that the person charged is by reason of unsound- accused. ness of mind incapable of making his defence, or that he committed the act alleged but was by reason of unsoundness of mind incapable o~ 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. :r;eport the case to the convening authority. (3) The convening authority to whom the finding of a Coast Guard Court i~ reported under sub-section (2) shall order the accused person to be keptIn custody in the prescribed manner and shall report the CS1l~" for the orders of the Central Government. . .' Coast Guard Subq..· quent fitness of lunatic: accused for trial. Transmis sion to Central Govern, ment ot crderw under seetion 89. Relea!e'of lunatic aC"Cu~ Delivery .flunaiic 110etmed t(j relatives, t41·@n !Xeceip.t of .a.repozt under sub...sectam .(J),:the .Gerrtral.~Gavern­ ment:.may order ·theaccwred person ..to he .detamedIn -a lunatic ,asylum or other ..suitableplac.eof safecnstcdy. 89. Where .any accuse~person,.havi..n£been.found b...y l:eason'of .un soundness of .mind to be incapable of. maki~~his ~n.e~, .is rin ·..custod.Y or under detention under section 88, any offlcerprescribed in this -hehalf, may, (a) if such person Is in custody under-sub-section (ft) of-section 88, on the report of a medical officer that he is capable of 'making his defence, or (0) if such person is -detained in -jailunaer -sub-sectinn '(if) 'tit ~ection ·88, on a ·ct!rtifi"ate 'of the .Inspector-General o£ Prisons, 'and jf·such person is detained in a 'lunatic asylum 'under 'the said 'sub secttonvon a .certificate of .any" two or more ·of 'the visitors 'OD .such 'asylum and if. he is detained in anyotherplaee -under 'that -sub section, on a certificate of the prescribed authority, that he .is-capable of malting 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. A copy of every order made by an officer under section 89 for the uial·of the accused shall forthwith be sent ;to ·the·Central-Gavmnment. 91. Where any person is in custody under-sub-section (3) of section 88 or under detention under suo-section· (4) of that section, (a) if such person is in custody under ihe said sub-section '(3), on the report of the medical officer, Of (b) if such person is detained under the said sub-section (4), on a certificate !rom any ·of.the authorities mentionedtn-elausa (b) of section 89 that in the judgment of such 'officer Of -authority such person may be 'released without danger of his doing irijul'y to him self or'to, any other person, the Central Government may order that such person be released or detained in custody, or transf-erred to a public lunatic asylum if he has not" already been sent to such asylum, '92. '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 'timtsection desires that he should'be delivered tp:his care and .c;:ustody, the Central Government may, upon 'appiication 'by such relative' or :friend and, Ion 'his giving 'security 'to the-satisfaction 'of'ihat 'Government "that the person delivered shall be properly taken care of. and, preventeo. from .doing injury to himse1fortoanyother person, -and,be1pmduced!for the inspection of such officer, and at such times and.plaees,.as,the.Gen tral Government .may direct, order such person to be 'delivered 'to such relative or friend OF 1978] Coast Guard 233 Order fo disposal c~ property regarding which offence is com rnitted. 93. When any property regarding which any offence appears to have Order fol'" been committed, or which appears to have been used tor the commission custody of any offence. is produced before a Coast Guard Court during a trial and d l is,.•- , pusa o' the court may make such order as it thinks fit for the proper custody of propert; such property pending the conclusion of the trial, and if the property is pending subject to speedy or natural decay may, after recording such evidence trial. as it thinks necessary, order it to be sold or otherwise disposed of. 94. (1) After the conclusion of a trial before a Coast Guard Court, an officer not below "he 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 count 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 JS if it were an order passed by him under the provisions of the Code of Criminal Procedure, 1973. (3) In this section, the term "property" includes, in the case of pro perty 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 fer which the same may have been converted or exchanged, and anything acquired by such conversion or exchange whether immediately or otherwise. 95. 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 sec tions ISS and 228 of the Indian Penal Code and the Coast Guard Court shall be deemed to be a court within the meaning 'of sec tions 345 and 346 of tne Code of Criminal Procedure, 1973. CHAPTER IX EXECUTION AND SUSPENSION OF SENTENCES 96. 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 deactor shall. suffer death by being shot to death. Fowers of Coast Guard Court in relation to pro ceedings under rhis Act. Form of sentence of death. 9.7. A person sentenced to death may be. detained in Coast. Guard Interim custody or may be removed to. a civil .ptison to be kept in custody until custody 'further orders are received from the Central Government, the Dtrector- until exe,. cution o! General or the convening authority of the Coast Guard Court by which sentence he was sentenced to death or other prescribed' officer, and the order of of deaHI. the Central Govetnment;the Director-General or-the convening autho rity or such ~fficl'!r shan ·bp. sufficient warrant for detaining. the person in custody. 4 Law-30. 234 Coast Guard [ACT 30 Execution of sentence of death. Com mence, ment of entenee of impzi sonment or deten tion. Execu tion of sentence of impri sonment. Tcmpo rary custody at (,ffender. Convey, ance of prisoner from place to place. Commu nication of cer tain orders to prison officers. Execu tion of Sentence of fine. IhtOrma lity or errOr in the order or warrant. 98. (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. 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. (1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence o~ 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 Com manding 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. 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. A person under sentence of imprisonment may during his con veyance from place to place, or when on board a ship, aircraft or other wise, be subject to suchrestrainr as is necessary for his safe conduct and removal. 103. 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 w hieh such person. is .confined, 104. 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 Magistraie shall thereupon .cause the fine to be recovered in accord ance with the provisions of the Code ot Criminal Procedure, 1973, as if it were a sentence of fine Imposed by such Magistrate. 105. Whenever any personds sentenced to imprisonment under this Act, and is undergoing the sentence in any place or mannerJn 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 errol' in, or as respects OF 1978] Coast Guard 235 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. 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. (1') Where a person subject to this Act is sentenced to imprison ment 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 exercis ed in the case of any such sentence which has been reduced or commuted. 108. Where a sentence is suspended under section 107, the offender shall forthwith be released from custody. 109. Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. 110. 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. (1) Where a sentence has been suspended, the case may at any time and shall at intervals of not more than four months, be reconsi-, . dered 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 refe!" the rnattae to the authority or officer specified in section 107. Impri sonment or deten tion of offender already under sentence. Suspen sion of sentence of im prison ment or detentioo.. Release on suspension. Computa tiOn 04: periOd of suspen sion. Order after suspen sion. Reconst deration at caSe after suspension. Coast Guard [ACT 30 Fresh :sentence after suspen s icn.. SCOPe of power of suspen sion. Effect of suspen sion and remission on dis missal, Appoint ment of Chief. Law .Offi cer and Law l.;fficers 112. 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; (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. 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. (J) Where in addition to any other sentence. ~he punishment at 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 punish ment of dismissal shall also be remitted. CHAPTER X CHIEF LAW OFFICER AND L\W OFFICERS 115. (1) There shalf be appointed by the Central Government, a Chief La'.'! 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 terri tory 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: Previdedthat the Central, Governmentmsy, if itIs of opinion thatit .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 (c) 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 at India. and Of' 1978] Coast Guard 237 (b) is qualified for enrolment as an advocate of a High Court. Explanation.-For the purposes of this section.e (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, (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. CHAPTER XI JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS 117. (1) All proceedings of trials by Coast Guard Courts shall be re vIewed by the Chief Law Officer either on his own motion or on appli cation 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 eonsidera tion 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, (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 acquit tal passed under this Act. Functions of Chief Law Offi cer. Judicial review by the Chief Law Offi cer. Conside rationlby the Di rector General. Coast Guard CHAPTER XII [ACT 30 Petitions to Cen· tral Gov. ernrnent or Di rector Gerieral against findings and sen tences. powers of Cen tral Go~· ernment and Di rector General in res pect of findings and sen , :ences. ':"fODIFICATIOX OF FI:::fDINGS AXD SENTENCES, PARDONS, COM1v1UTATION AND REMISSION OF SENTENCES 119. Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Coast Guard Court may present a peti tion to the Central Gcvernment 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. (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 asice the finding and sentence and acquit Or discharge the accused or order him to be re-tried; or (0) 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 f.urther 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) shan be carried into execution as if it had been originally passed. (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 ful filled, 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. OF I97S] Coast Guard CHAPTER XIII MISCELLANEOUS 121. (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 at 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, the Emigration Act, 1922, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, the Merchant Shipping Act, 1958, the Customs Act, 1962, the Passports Act, 1967, the Foreign Exchange Regulation Act, 1973, or the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976. or of any cognizable offence punishable under any other Central Act; or (ii) for the purpose of apprehending any person who has com mitted any offence referred to in clause (i) I exercise 01.' 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 em powered to exercise or discharge for the said purposes. (2) The Central Government may, by general or special order pub lished 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 mari time 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 com mitted any·offence referred to in clause (i), exercise .or discharge such of the powers or duties under that enact ment, as may be specified in the said order, being the powers and duties whicFi; 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. Powers and duties confer able and impos able on members of the Coast Guard. Coast Guard (ACT 30 privileges and of the Coast Protec tion for acts of members of the Coast Guard. Power to make rules. (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. 122. (I) 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 lor 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 com menced 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. (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 fore going power, such rules may provide £or, (a) the constitution, governance, command and discipline of the Coast Guard; ('0) 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 deductions from pay and allowances) of members Guard; (d), the rank, precedence, powers of command and authority of the officers, subordinate. officers and other ~ol1ed 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; (g) the additional matters in respect of which the Coast Guard may undertake measures in the performance of its functions; Coast Guard (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 o~ 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; (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 Govern ment, 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 annul ment shall be without prejudice to the validity of anything previously done under that rule. 1: LAW-31.