Section 4 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
- (1)Notwithstanding anything contained in the Code, for the purpose of this Act, the Central Government may, by notification in the Official Gazette, confer on any gazetted officer of the Coast Guard or any other gazetted officer of the Central Government powers of arrest, investigation and prosecution exercisable by a police officer under the Code.
- (2)All officers of police and all officers of Government are hereby required and empowered to assist the officer of the Central Government referred to in sub-section (1), in the execution of provisions of this Act. Explanation. - For the purpose of this section, officer of the Coast Guard means an officer as defined in clause (q) of section 2 of the Coast Guard Act, 1978 (30 of 1978).
Summary
- The Central Government has the power to give official duties of arrest, investigation, and prosecution to certain officers under this Act.
- These powers can be given to any gazetted officer of the Coast Guard or any other gazetted officer of the Central Government.
- The powers given to these officers are the same as those exercised by a regular police officer under the Code of Criminal Procedure.
- All police officers and other government officers are legally required and empowered to help these designated officers in carrying out the Act.
Practical examples
FAQ
1. Who has the authority to give out powers of investigation under this section?
The Central Government has this authority, which it exercises by publishing a notification in the Official Gazette.
2. Which specific officers can receive these powers?
Any gazetted officer of the Coast Guard or any other gazetted officer of the Central Government can receive these powers.
3. What powers do these designated officers actually get?
They get the powers of arrest, investigation, and prosecution that a police officer usually has under the Code of Criminal Procedure.
4. Are local police officers required to help the designated central officers?
Yes, all police officers and government officers are required and empowered to assist the designated central officers.
Test yourself
Q1.Who can the Central Government confer powers of arrest, investigation, and prosecution upon under Section 4?
Q2.How does the Central Government officially confer these powers?
Q3.Which Act defines an "officer of the Coast Guard" for the purpose of Section 4?
Q4.Who is legally required to assist the authorized Central Government officer in executing the Act?
Q5.The powers of arrest and investigation conferred under this section are comparable to those exercisable by whom?