Subsequent fitness of lunatic accused for trial
Section 89 of the Coast Guard Act, 1978 deals with subsequent fitness of lunatic accused for trial. Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 88, any officer prescribed in this behalf, may,-- (a) if such person is in custody under sub-section (3) of section 88, on the report of The Act came into force on 19 Aug 1978.
Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 88, any officer prescribed in this behalf, may,--
(a) if such person is in custody under sub-section (3) of section 88, on the report of a medical officer that he is capable of making his defence, or
(b) if such person is detained in jail under sub-section (4) of section 88, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making 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.
Section 89, The Coast Guard Act, 1978 (Act 30 of 1978).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 89
What does Section 89 of the Coast Guard Act deal with?
Section 89 of the Coast Guard Act is headed "Subsequent fitness of lunatic accused for trial". Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 88, any officer prescribed in this behalf, may,-- (a) if such person is in custody under sub-section (3) of section 88, on the report of
How do I find court cases under Section 89 of the Coast Guard Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Coast Guard Act 1978 89, section 89 Coast Guard Act 1978, section 89 of the Coast Guard Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 89 of the Coast Guard Act, and has it changed?
Its own text turns on section 88 (Lunacy of accused), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently Coast Guard (General) Rules, 1986 (1986).
When did Section 89 of the Coast Guard Act come into force?
Section 89 of the Coast Guard Act, cited as Coast Guard Act 1978 89, came into force on 19 Aug 1978, having been enacted on 18 Aug 1978. It is in force as at the date shown on this page.
Other sections of this Act
- 121. Powers and duties conferrable and imposable on members of the Coast Guard611 words
- 2. Definitions593 words
- 86. Presumption as to certain documents559 words
- 123. Power to make rules490 words
- 51. Period of limitation for trial of offences under the Act323 words
- 25. Desertion and aiding desertion280 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.