Section 86:
Presumption as to certain documents.
(1) A letter, return or other document respecting the
service of any person in, or the dismissal or discharge of any person from, any unit or ship of the Coast
Guard, or respecting the circumstances of any person not having served in, or belonged to, any unit or
ship, if purporting to be signed by or on behalf of the Central Government or the Director-General, or by
any prescribed officer, shall be evidence of the facts stated in such letter, return or other document.
(2) A Coast Guard List or Gazette purporting to be published by authority shall be evidence of the
status and rank of the officers therein mentioned, and of any appointment held by them and of the unit or
ship of the Coast Guard to which they belong.
(3) Where a record is made in the books of a ship in pursuance of this Act or any rule or otherwise in
the discharge of official duties, and purports to be signed by the Commanding Officer or by the officer
whose duty it is to make such record, such record shall be evidence of the facts therein stated.
(4) A copy of any record in the books of a ship purporting to be certified to be a true copy by the
officer having custody of such books shall be evidence of such record.
(5) Where any person subject to this Act is being tried on a charge of desertion or of absence without
leave, and such person has surrendered himself into the custody of any officer or other person subject to
this Act or any unit or ship of the Coast Guard, or has been apprehended by such officer or person, a
certificate purporting to be signed by such officer, or by the Commanding Officer of the unit or ship to
which such person belongs, as the case may be, and stating the fact, date and place of such surrender or
apprehension, and the manner in which he was dressed shall be evidence of the matters so stated.
(6) Where any person subject to this Act is being tried on a charge of desertion or of improperly
leaving a ship or of absence without leave and such person has surrendered himself into the custody of, or
has been apprehended by, a police officer not below the rank of an officer in charge of a police station, a
certificate purporting to be signed by such police officer and stating the fact, date and place of such
surrender or apprehension and the manner in which he was dressed shall be evidence of the matters so
stated.
(7) Any document purporting to be a report under the hand of a Chemical Examiner or Assistant
Chemical Examiner to Government 1
[or any of the Government scientific experts, namely, the Chief
Inspector of the Explosives, the Director of the Fingerprint Bureau, the Director, Haffkeine Institute,
Mumbai, the Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory
and the Serologist to the Government] upon any matter or thing duly submitted to him for examination or
analysis and report, may be used as evidence in any proceeding under this Act.
Explanation.--In this section, the term "books of a ship" shall include any official book, document or
list purporting to contain the name or names of persons appointed to the ship.
Notes:
1. Ins. by Act 44 of 2002, s. 9 (w.e.f. 12-8-2002).