Bare Acts

CHAPTER VI ARREST AND PROCEEDINGS BEFORE TRIAL


59. Custody of offenders.—(1) Any person subject to this Act who is charged with an offence may
be taken into Coast Guard custody, under the order of any superior officer.
(2) Notwithstanding anything contained in sub-section (1), an officer may order into Coast Guard
custody any other officer engaged in a quarrel, affray or disorder, though such other officer may be of a
higher rank.
60. Duty of Commanding Officer in regard to detention.—(1) It shall be the duty of every
Commanding Officer to take care that a person under his command when charged with an offence is not
detained in custody for more than forty-eight hours after the committal of such person into custody is
reported to him, without the charge being investigated, unless investigation within that period seems to
him to be impracticable having regard to the public service.
(2) The case of every person being detained in custody beyond a period of forty-eight hours, and the
reasons therefor, shall be reported by the Commanding Officer to the Deputy Inspector-General under
whom he is serving or such other officer to whom an application may be made to convene a Coast Guard
Court for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in sub-section (1), Sundays and other public
holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may make rules providing for the
manner in which and the period for which any person subject to this Act may be taken into and detained
in Coast Guard custody, pending the trial by any competent authority for any offence committed by him.
61. Arrest by civil authorities.—Whenever any person subject to this Act, who is accused of an
offence under this Act, is within the jurisdiction of any Magistrate or police officer, such Magistrate or
police officer shall aid in the apprehension and delivery to Coast Guard custody of such person upon
receipt of a written application to that effect signed by his Commanding Officer or an officer authorised
by the Commanding Officer in that behalf.
62. Capture of deserters.—(1) Whenever any person subject to this Act deserts, the Commanding
Officer of the unit or ship to which he belongs, shall give information of the desertion to such civil
authorities as, in his opinion, may be able to afford assistance towards the capture of the deserter; and
such authorities shall thereupon take steps for the apprehension of the said deserter in like manner as if he
was a person for whose apprehension a warrant had been issued by a Magistrate, and shall deliver the
deserter, when apprehended, into Coast Guard custody.

1. Ins. by Act 44 of 2002, s. 8 (w.e.f. 12-8-2002).
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(2) Any police officer may arrest without warrant any person reasonably believed to be subject to this
Act, and to be a deserter or to be travelling without authority, and shall bring him without delay before the
nearest Magistrate, to be dealt with according to law.
63. Coast Guard police officers.—(1) The Director-General or any prescribed officer may appoint
persons for discharging the functions specified in sub-sections (2) and (3).
(2) The duties of a person appointed under sub-section (1), are to take charge of persons confined for
any offence, to preserve good order and discipline and to prevent breaches of the same by persons serving
in, or attached to, the Coast Guard.
(3) Notwithstanding anything contained in section 59, a person appointed under sub-section (1) may,
at any time, arrest and detain for trial any person subject to this Act who commits, or is charged with, an
offence, and may also carry into effect any punishment to be inflicted in pursuance of a sentence awarded
by a Coast Guard Court or by an officer exercising authority under section 57 but shall not inflict any
punishment on his own authority:
Provided that no officer shall be so arrested or detained otherwise than on the order of another officer.

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