Chapter IX
EXECUTION AND SUSPENSION OF SENTENCES
96. Form of sentence of death.
96. Form of sentence of death.—In awarding a sentence of death, a Coast Guard Court shall, in its discretion, direct that the offender shall suffer death by being hanged by the neck until he be dead or shall suffer death by being shot to death.
| Other Contents of Coast Guard Act, 1978 |
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| Sections 1 to 14 Sections 15 to 52 Sections 53 to 72 Sections 73 to 95 Sections 96 to 123 |
97. Interim custody until execution of sentence of death.
97. Interim custody until execution of sentence of death.—A person sentenced to death may be detained in Coast Guard custody or may be removed to a civil prison to be kept in custody until further orders are received from the Central Government, the Director-General of the convening authority of the Coast Guard Court by which he was sentenced to death or other prescribed officer, and the order of the Central Government, the Director-General or the convening authorities or such officer shall be sufficient warrant for detaining the person in custody.
98. Execution of sentence of death.
98. Execution of sentence of death.—(1) When a sentence of death is to be executed, the Director-General or the convening authority or the prescribed officer shall give directions as to the time, place and manner in which such sentence is to be carried out and the order of such officer or authority in the prescribed form shall be sufficient warrant for the execution of such sentence.
(2) There shall be attached to the prescribed form, an order of the Central Government certifying the confirmation of the sentence by the Central Government.
99. Commencement of sentence of imprisonment or detention.
99. Commencement of sentence of imprisonment or detention.—Whenever any person is sentenced under this Act to imprisonment or detention, the term of the sentence shall be reckoned to commence on the date on which the sentence was awarded.
100. Execution of sentence of imprisonment.
100. Execution of sentence of imprisonment.—(1) Whenever any sentence of imprisonment is passed under this Act or whenever any sentence of death is commuted to imprisonment, the presiding officer of the Coast Guard Court which passed the sentence or such other officer as may be prescribed shall direct that the sentence shall be carried out by confinement in a civil prison.
(2) When a direction has been made under sub-section (1), the Commanding Officer of the person under sentence or such other officer as may be prescribed shall forward a warrant in the prescribed form to the officer in charge of the prison in which person is to be confined and shall arrange for his despatch to such prison with the warrant.
101. Temporary custody of offender.
101. Temporary custody of offender.—Where a sentence of imprisonment is directed to be undergone in a civil prison, the offender may be kept in Coast Guard custody or in any other fit person, till such time as it possible to send him to a civil prison.
102. Conveyance of prisoner from place to place.
102. Conveyance of prisoner from place to place.—A person under sentence of imprisonment may during his conveyance from place to place, or when on board a ship, aircraft or otherwise, be subject to such restraint as is necessary for his safe conduct and removal.
103. Communication of certain orders to prison officers.
103. Communication of certain orders to prison officers.—Whenever an order is duly made under this Act setting aside or varying any sentence, order or warrant under which any person is confined in a civil prison, a warrant in accordance with such order shall be forwarded by the officer making the order or his staff officer or such person as may be prescribed, to the officer in charge of the prison in which such person is confined.
104. Execution of sentence of fine.
104. Execution of sentence of fine.—When a sentence of fine is imposed by a Coast Guard Court under Section 53, a copy of such sentence signed and certified by the presiding officer of the court may be sent to any Magistrate in India and such Magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as if it were a sentence of fine imposed by such Magistrate.
105. Informality or error in the order or warrant.
105. Informality or error in the order or warrant.—Whenever any person is sentenced to imprisonment under this Act, and is undergoing the sentence in any place or manner in which be might be confined under a lawful order or warrant in pursuance of this Act, the confinement of such person shall not be deemed to be illegal only by reason of any informality or error in, or as respects the order, warrant or other document, or the authority by which, or in pursuance whereof such person was brought into, or is confined in any such place, and any such order, warrant or document may be amended accordingly.
106. Imprisonment or detention of offender already under sentence.
106. Imprisonment or detention of offender already under sentence.—Whenever a sentence is passed by a Coast Guard Court on a person already under sentence either of imprisonment or detention passed on him under this Act for a former offence, the court may award a sentence of imprisonment or detention for the offence for which he is under trial to commence at the expiration of the sentence of imprisonment or detention to which he has been previously sentenced:
Provided that so much of any term of detention imposed on a person by a sentence in pursuance of this section as will prolong the total term of detention beyond two years shall be deemed to be remitted.
107. Suspension of sentence of imprisonment or detention.
107. Suspension of sentence of imprisonment or detention.—(1) Where a person subject to this Act is sentenced to imprisonment or detention, the Central Government, the Director-General, the Commanding Officer imposing the sentence or any prescribed officer may suspend the sentence whether or not the offender has already been committed to prison or to Coast Guard custody.
(2) The authority or officer specified in sub-section (1) may, in the case of an offender so sentenced, direct that until the orders of such authority or officer have been obtained, the offender shall not be committed to prison or to Coast Guard custody.
(3) The powers conferred by sub-sections (1) and (3) may be exercised in the case of any such sentence which has been reduced or commuted.
108. Release on suspension.
108. Release on suspension.—Where a sentence is suspended under Section 107, the offender shall forthwith be released from custody.
109. Computation of period of suspension.
109. Computation of period of suspension.—Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence.
110. Order after suspension.
110. Order after suspension.—The authority or officer specified in Section 107 may, at any time while a sentence is suspended, order—
(a) that the offender be committed to undergo the unexpired portion of the sentence; or
(b) that the sentence be remitted.
111. Reconsideration of case after suspension.
111. Reconsideration of case after suspension.—(1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer specified in Section 107, or by any officer not below the rank of a Deputy Inspector-General duly authorised by the authority or officer specified in Section 107.
(2) Where on such reconsideration by the officer so authorised it appears to him that the conduct of offender since his conviction has been such as to justify a remission of the sentence, he shall refer the matter to the authority or officer specified in Section 107.
112. Fresh sentence after suspension.
112. Fresh sentence after suspension.—Where an offender, while a sentence on him is suspended under this Act, is sentenced for any other offence, then—
(a) if the further sentence is also suspended under this Act, the sentence shall run concurrently;
(b) if the further sentence is for a period of three months or more and is not suspended under this Act, the offender shall also be committed to prison or Coast Guard custody for the unexpired portion of the previous sentence, but both sentences shall run concurrently; and
(c) if the further sentence is for a period of less than three months and is not suspended under this Act, the offender shall be so committed on that sentence only, and the previous sentence shall, subject to any order which may be passed under Section 110 or Section 111 continue to be suspended.
113. Scope of power of suspension.
113. Scope of power of suspension.—The powers conferred by Sections 107 and 110 shall be in addition to, and not in derogation of, the power of mitigation, remission and commutation.
114. Effect of suspension and remission on dismissal.
114. Effect of suspension and remission on dismissal.—(1) Where in addition to any other sentence, the punishment of dismissal has been awarded under this Act and such other sentence is suspended under Section 107, then, such dismissal shall not take effect until so ordered by the authority or officer specified in Section 107.
(2) If such other sentence is remitted under Section 110, the punishment of dismissal shall also be remitted.
Chapter X
CHIEF LAW OFFICER AND LAW OFFICERS
115. Appointment of Chief Law Officer and Law Officers.
115. Appointment of Chief Law Officer and Law Officers.—(1) There shall be appointed by the Central Government, a Chief Law Officer and as many Law Officers as the Central Government may deem necessary.
(2) A person shall not be qualified for appointment as Chief Law Officer unless he—
(a) is a citizen of India; and
(b) has for at least ten years held a judicial office in the territory of India; or
(c) has for at least ten years been an advocate of a High Court or two or more such Courts in succession:
Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do in the exigencies of service, relax, for reasons to be recorded in writing, the qualification specified in clause (b) or clause (c) in respect of any person.
(3) A person shall not be qualified for appointment as Law Officer unless he—
(a) is a citizen of India, and
(b) is qualified for enrolment as an advocate of a High Court.
Explanation.—For the purposes of this section,—
(a) in computing the period during which a person has been an advocate of a High Court, there shall be included any period during which the person has held a judicial office after he became an advocate;
(b) the expression “judicial office” shall be deemed to include the post of Law Officer.
116. Functions of Chief Law Officer.
116. Functions of Chief Law Officer.—(1) It shall be the duty of the Chief Law Officer to perform such duties of a legal and judicial character pertaining to the Coast Guard as may, from time to time, be referred or assigned to him by the Central Government or the Director-General, and to discharge the functions conferred on him by or under this Act.
(2) The functions of the Chief Law Officer shall, in his absence or otherwise, be performed by such Law as may be designated in this behalf by the Director-General.
Chapter XI
JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS
117. Judicial review by the Chief Law Officer.
117. Judicial review by the Chief Law Officer.—(1) All proceedings of trials by Coast Guard Courts shall be reviewed by the Chief Law Officer either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the Chief Law Officer shall transmit the report of such review together with such recommendations as may appear to him just and proper to the Director-General for his consideration and for such action as the Director-General may think fit.
(2) Where any person aggrieved has made an application under sub-section (1), the Chief Law Officer may, if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the Coast Guard.
118. Consideration by the Director-General.
118. Consideration by the Director-General.—(1) On receipt of the report and recommendations, if any, under Section 117, the Director-General shall in all cases of sentences of death, and in all cases where the Coast Guard Court is convened by the Central Government, and may, in other cases, transmit the proceedings and the report to the Central Government together with such recommendations as he may deem fit to make.
(2) Nothing in Section 117 or this section shall authorise the Chief Law Officer or the Director-General to make any recommendation for setting aside, or the Central Government to set aside, an order of acquittal passed under this Act.
Chapter XII
MODIFICATIONS OF FINDINGS AND SENTENCES, PARDONS, COMMUTATION, AND REMISSION OF SENTENCES
119. Petitions to Central Government or Director-General against findings and sentences.
119. Petitions to Central Government or Director-General against findings and sentences.—Any person subject to this Act who considers himself aggrieved by a finding or sentence of any Coast Guard Court may present a petition to the Central Government or to the Director-General, and the Central Government or the Director-General, as the case may be, may pass such orders thereon as it or he may think fit.
120. Powers of Central Government and Director-General in respect of findings and sentences.
120. Powers of Central Government and Director-General in respect of findings and sentences.—(1) Where any person is tried under the provisions of this Act, the Central Government or the Director-General may, in the case of a conviction,—
(a) set aside the finding and sentence and acquit or discharge the accused or order him to be re-tried; or
(b) alter the finding without modifying the sentence if such sentence may be legally passed on the altered finding; or
(c) with or without altering the finding, reduce the sentence or commute the punishment awarded for any punishment inferior in scale; or
(d) either with or without conditions, pardon the person or remit the whole or any part of the punishment awarded; or
(e) with or without conditions release the person on parole:
Provided that a sentence of imprisonment shall not be commuted for a sentence of detention for a term exceeding the term of imprisonment awarded:
Provided further that nothing in this sub-section shall authorise the Central Government or the Director-General to enhance the sentence.
(2) Any sentence modified under the provisions of sub-section (1) shall be carried into execution as if it had been originally passed.
(3) If any condition on which a person has been pardoned or has been released on parole or a punishment has been remitted is in the opinion of the authority which granted the pardon, release or remission not fulfilled, such authority may cancel the pardon or release or remission and thereupon the sentence awarded shall be carried into effect as if such pardon, release or remission had not been granted:
Provided that in the case of a person sentenced to imprisonment or detention, such person shall undergo only the unexpired portion of the sentence.
Chapter XIII
MISCELLANEOUS
121. Powers and duties conferrable and imposable on members of the Coast Guard.
121. Powers and duties conferrable and imposable on members of the Coast Guard.—(1) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, any member of the Coast Guard may,—
(i) for the purpose of prevention of any offence punishable under the Passport (Entry into India) Act, 1920 (34 of 1920), the Emigration Act, 1922 (7 of 1922), the Registration of Foreigners Act, 1939 (16 of 1939), the Foreigners Act, 1946 (31 of 1946), the Merchant Shipping Act, 1958 (44 of 1958), the Customs Act, 1962 (52 of 1962), the Passports Act, 1967 (15 of 1967), the Foreign Exchange Regulation Act, 1973 (46 of 1973), or the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or of any cognizable offence punishable under any other Central Act; or
(ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i),
exercise or discharge such of the powers or duties under that Act or any other Central Act as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that or such other Act empowered to exercise or discharge for the said purposes.
(2) The Central Government may, by general or special order published in the Official Gazette, direct, with the concurrence of the State Government concerned, that any of the powers or duties which may be exercised or discharged under a State Act by a police officer may, subject to such conditions and limitations, and within the local limits of such inland area adjoining the coast of India, as may be specified in the order, be exercised or discharged by a member of the Coast Guard who, in the opinion of the Central Government, holds a corresponding or higher rank.
(3) The Central Government may, by general or special order published in the Official Gazette, direct that, subject to such conditions and limitations, and within the local limits of such area in any maritime zone of India, as may be specified in the order, any member of the Coast Guard may,—
(i) for the purpose of prevention of any offence punishable under any enactment which extends for the time being to such area; or
(ii) for the purpose of apprehending any person who has committed any offence referred to in clause (i),
exercise or discharge such of the powers or duties under that enactment, as may be specified in the said order, being the powers and duties which, in the opinion of the Central Government, an officer of the corresponding or lower rank is by that enactment empowered to exercise or discharge for the said purposes.
(4) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.
122. Protection for acts of members of the Coast Guard.
122. Protection for acts of members of the Coast Guard.—(1) In any suit or proceeding against any member of the Coast Guard for any act done by him in pursuance of a warrant or order of a competent authority, it shall be lawful for him to plead that such act was done by him under the authority of such warrant or order.
(2) Any such plea may be proved by the production of the warrant or order directing the act, and if it is so proved, the member of the Coast Guard shall thereupon be discharged from liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such warrant or order.
(3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding (whether civil or criminal) which may lawfully be brought against any member of the Coast Guard for anything done or intended to be done under the powers conferred by, or in pursuance of any provision of this Act or the rules, shall be commenced within three months after the act complained of was committed and not otherwise, and notice in writing of such proceeding and of the cause thereof shall be given to the defendant or his superior office at least one member before the commencement of such proceeding.
123. Power to make rules.
123. Power to make rules.—(1) The Central Government may, by notification, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
(a) the constitution, governance, command and discipline of the Coast Guard;
(b) the enrolment of persons to the Coast Guard and the recruitment of other members of the Coast Guard;
(c) the conditions of service (including service privileges and deductions from pay and allowances) of members of the Coast Guard;
(d) the rank, precedence, powers of command and authority of the officers, subordinate officers and other enrolled persons;
(e) the removal, retirement, release or discharge from the service of officers, subordinate officers and other enrolled persons;
(f) the purposes and other matters required to be prescribed under Section 13;
[i][(f-a) the manner in which proceedings may be initiated under Section 57-A;]
(g) the additional matters in respect of which the Coast Guard may undertake measures in the performance of its functions;
(h) the convening, constitution, adjournment, dissolution and sittings of Coast Guard Courts, the procedure to be observed in trials by such courts, the persons by whom an accused may be defended in such trials and the appearance of such persons thereat;
(i) the forms of orders to be made under the provisions of this Act relating to Coast Guard Courts and the awards and infliction of death, imprisonment and detention;
(j) the carrying into effect of sentences of Coast Guard Courts;
(k) any matter necessary for the purpose of carrying this Act into execution, as far as it relates to the investigation, arrest, custody, trial and punishment of offences triable or punishable under this Act;
(l) the procedure relating to the exercise of powers under Section 120;
(m) the ceremonials to be observed and marks of respect to be paid in the Coast Guard;
(n) any other matter which is to be, or may be prescribed or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary for the proper implementation of this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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