Coast Guard Act, 1978- Sections 53 to 72

Chapter V

PUNISHMENTS

53. Punishments awardable by Coast Guard Courts.

53. Punishments awardable by Coast Guard Courts.—(1) Punishments may be inflicted in respect of offences committed by persons subject to this Act and convicted by Coast Guard Courts according to the scale following, that is to say,—

(a) death,

(b) imprisonment which may be for the term of life or any other lesser term;

(c) dismissal from the Coast Guard;

(d) detention in Coast Guard custody for a period not exceeding two years;

(e) reduction to the ranks or to a lower rank in the case of sailors;

(f) forfeiture of seniority of rank, forfeiture of all or any part of the service for the purpose of promotion;

(g) forfeiture of services 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.

Other Contents of Coast Guard Act, 1978
Sections 1 to 14 Sections 15 to 52 Sections 53 to 72 Sections 73 to 95 Sections 96 to 123

54. Alternative punishments awardable by Coast Guard Courts.

54. Alternative punishments awardable by Coast Guard Courts.—Subject to the provisions of this Act, a Coast Guard Court may, on convicting a person subject to this Act of any of the offences specified in Sections 15 to 48 (both inclusive) award either the particular punishment with which the offence is stated in the said sections to be punishable, or in lieu thereof, any one of the punishments lower in the scale set out in Section 53 regard being had to the nature and degree of the offence.

55. Combination of punishments.

55. Combination of punishments.—Subject to the provisions of Section 58, a sentence of a Coast Guard Court may award in addition to, or without any one other punishment, the punishment specified in clause (c) of sub-section (1) of Section 53 and any one or more of the punishments specified in clauses (e) to (j) (both inclusive) of that sub-section.

56. Punishments otherwise than by Coast Guard Courts.

56. Punishments otherwise than by Coast Guard Courts.—Punishments may also be inflicted in respect of offences committed by persons subject to this Act without the intervention of a Coast Guard Court in the manner stated in Section 57 [i][or Section 57-A].

57. Minor punishments.

57. Minor punishments.—Subject to the provisions of Section 58, a Commanding Officer or such other officer as is, with the consent of the Central Government, specified by the Director-General may, in the prescribed manner, proceed against a person subject to this Act, otherwise than as an officer, who is charged with an offence under this Act and award such person, to the extent prescribed, one or more of the following punishments, that is to say,—

(a) imprisonment for a period not exceeding three months;

(b) dismissal from the Coast Guard;

(c) detention in Coast Guard custody for a period not exceeding three months;

(d) reduction to the ranks or to a lower rank in the case of sailors;

(e) fine, in respect of civil offences;

(f) mulcts of pay and allowances;

(g) deprivation of good conduct badges;

(h) reprimand;

(i) extra work and drill for a period not exceeding fourteen days in the case of persons below the rank of an Uttam Navik or Uttam Yantrik;

(j) stoppage of leave for a period not exceeding sixty days;

(k) admonition:

Provided that no punishment specified in clauses (a) to (d) (both inclusive) shall be inflicted,—

(a) in the case of a subordinate officer, unless it is approved by an officer not below the rank of an Inspector-General; and

(b) in the case of others, unless it is approved by an officer not below the rank of a Deputy Inspector-General.

57-A. Punishment for officers below the rank of Commandant.

[ii][57-A. Punishment for officers below the rank of Commandant.—(1) The Director-General or an officer not below the rank of Deputy Inspector-General who is appointed as Commander of a region or such other officer as is, with the consent of the Central Government, specified by the Director-General, may in the prescribed manner proceed against an officer below the rank of Commandant, who is charged with an offence under this Act and award such person one or more of the following punishments, that is to say,—

(a) forfeiture of seniority of rank or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion, for a period not exceeding twelve months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;

(b) forfeiture of seniority of rank, or in the case of any of them whose promotion depends upon length of service, forfeiture of service for the purpose of promotion for a period not exceeding six months, but subject to the right of the accused, previous to the award, to elect to be tried by a Coast Guard Court;

(c) mulcts of pay and allowances;

(d) severe reprimand:

Provided that no punishment specified in clause (a) shall be inflicted by an officer other than the Director-General:

Provided further that no punishment specified in clause (b) shall be inflicted by an officer below the rank of Deputy Inspector-General who is appointed as the Commander of a region.]

58. Provisions as to award of punishments.

58. Provisions as to award of punishments.—(1) The punishments that may be inflicted under this Act shall be awarded in accordance with the provisions of this section.

(2) A sentence of imprisonment under this Act shall in all cases be accompanied by a sentence of dismissal.

(3) A sentence of imprisonment may be rigorous or simple or partly rigorous and partly simple.

(4) No officer shall be subject to detention for any offence under this Act.

(5) No subordinate officer shall be sentenced to detention except for desertion.

(6) A sentence of detention shall not be accompanied by a sentence of dismissal from the Coast Guard.

(7) A sentence of detention for a report exceeding fourteen days shall in all cases be accompanied by stoppage of pay and allowances during the period of detention.

[iii][(8) Where mulcts of pay and allowances are awarded for absence without leave, the absence shall be treated as regularised for all purposes.]

Chapter VI

ARREST AND PROCEEDINGS BEFORE TRIAL

59. Custody of offenders.

59. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may be taken into Coast Guard custody, under the order of any superior officer.

(2) Notwithstanding anything contained in sub-section (1), an officer may order into Coast Guard custody any other officer engaged in a quarrel, affray or disorder, though such other officer may be of a higher rank.

60. Duty of Commanding Officer in regard to detention.

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

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

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

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

61. Arrest by civil authorities.

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

62. Capture of deserters.

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

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

63. Coast Guard police officers.

63. Coast Guard police officers.—(1) The Director-General or any prescribed officer may appoint persons for discharging the functions specified in sub-sections (2) and (3).

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

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

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

Chapter VII

COAST GUARD COURTS

64. Power to convene a Coast Guard Court.

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

(2) A warrant issued under sub-section (1) may contain such restrictions, reservations or conditions as the Director-General may think fit.

65. Composition of Coast Guard Courts.

65. Composition of Coast Guard Courts.—(1) A Coast Guard Court shall consist of not less than five officers each of whom has held the post of Assistant Commandant for not less than three years.

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

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

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

(4) No Coast Guard Court for the trial of an officer shall be duly constituted unless the presiding officer and at least two members of the court are of the same rank as the accused or of a higher rank.

66. Dissolution of a Coast Guard Court.

66. Dissolution of a Coast Guard Court.—(1) If a Coast Guard Court after the commencement of a trial is reduced below the minimum number of officers required by this Act, it shall be dissolved.

(2) If, on account of the illness of the Law Officer or of the accused before the finding, it is impossible to continue the trial, a Coast Guard Court shall be dissolved.

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

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

67. Powers of a Coast Guard Court.

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

68. Prohibition of second trial.

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

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

69. Application of Act during term of sentence.

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

(2) When a person subject to this Act is sentenced by a Coast Guard Court to death, this Act shall apply to him till the sentence is carried out.

70. Place of trial.

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

71. Choice between criminal court and Coast Guard Court.

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

72. Power of criminal court to require delivery of an offender.

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

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

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