Discipline and treatment of disciplinary offences
Part VII Articles 192 to 194 of the Merchant Shipping Act, 1958 states as follows:
192:If it is shown to the satisfaction of a proper officer that a seaman has deserted his ship or has absented himself without leave and without sufficient reason from his ship or from his duty, the proper officer shall forthwith make a report to that effect to the Director-General who may thereupon direct that the seaman’s certificate of discharge or continuous certificate of discharge shall be withheld for such period as may be specified in the direction.
193:(1) If a seaman or apprentice deserts his ship or is absent with out leave and without sufficient reason from his ship or from his duty, the master, any mate, the owner or agent of the owner of the ship may, with out prejudice to any other action that may be taken against the seaman or apprentice under this Act, convey him on board his ship and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case.(2) If, either at the commencement or during the progress of any voyage, a seaman or apprentice engaged in an Indian ship commits outside India, the offence of desertion or absence without leave or any offence against discipline, the master, any mate, the owner or agent of the owner may, if and so far as the laws in force in the place will permit, arrest him without first procuring warrant.(3) No person shall convey on board or arrest a seaman or apprentice on improper or insufficient grounds.(4) Where a seaman or apprentice is brought before a court on the ground of desertion or of absence without leave or of any offence against discipline, and the master or the owner, or his agent, so requires, the court, may, in lieu of committing and sentencing him for the offence, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then existing engagements may afterwards be earned.
194:A seaman lawfully engaged or an apprentice shall be guilty of an offence against discipline if he commits any of the following acts, namely :-(a) If he quits the ship without leave after her arrival at her port of delivery and before she is placed in security;(b) If he is guilty of willful disobedience to any lawful command or neglect of duty;(c) If he is guilty of continued willful disobedience to lawful commands or continued willful neglect of duty;(d) If he assaults the master or any other 1[ seaman or an apprentice belonging to the ship];(e) If he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or retard the progress of the voyage;(f) If he willfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or willfully damages any of, her stores or cargo.