THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF MARITIME
NAVIGATIONAND FIXED PLATFORMS ON CONTINENTAL SHELF ACT, 2002
ACT NO. 69 OF 2002
[20th December, 2002.]
An Act to give effect to the International Maritime Organisation
Convention for Suppression of Unlawful Acts Against the Safety of
Maritime Navigation and the Protocol for the Suppression of Unlawful
Acts Against the Safety of Fixed Platforms Located on the Continental
Shelf and for matters connected therewith.
WHEREAS a Convention for the Suppression of Unlawful Acts Against the
Safety of Maritime Navigation and the Protocol for the Suppression of
Unlawful Acts Against the Safety of Fixed Platforms Located on the
Continental Shelf were signed at Rome on the 10 h day of March, 1988;
AND WHEREAS India, having acceded to the said Convention and the
Protocol, should make provisions for giving effect thereto and for
matters connected therewith;
BE it enacted by Parliament in the Fifty-third Year of the Republic of
India as follows:-
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent, application and commencement.
1. Short title, extent, application and commencement.-(1) This Act
may be called the Suppression of Unlawful Acts Against Safety of
Maritime Navigation and Fixed Platforms on Continental Shelf Act,
2002.
(2) It extends to the whole of India including the limit of the
territorial waters, the continental shelf, the exclusive economic zone
or any other maritime zone of India within the meaning of section 2 of
the Territorial Waters, Continental Shelf, Excl sive Economic Zone and
other Maritime Zones Act, 1976 (80 of 1976).
(3) Save as otherwise provided, it shall apply-
(a) to any offence under section 3 committed outside India by any
person;
(b) to a ship, if that ship is navigating or scheduled to navigate
into, through or from waters beyond the outer limits of the
territorial waters of India, or the lateral limits of its territorial
waters with adjacent States;
(c) when the offence is committed on board a ship in the territorial
waters of India or against a fixed platform located on the Continental
Shelf of India.
(4) Notwithstanding anything contained in sub-section (3), this Act
shall apply only to offences committed by an offender or alleged
offender,-
(a) when such an offender is found in the territory of a Convention
State;
(b) when such an offender is found in the territory of a Protocol
State in whose internal water or territorial waters or continental
shelf the fixed platform is located; or
(c) when such an offender is found in the territory of a State other
than the State referred to in clause (a) or clause (b).
(5) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.
Definitions.
2. Definitions.-In this Act, unless the context otherwise requires,-
(a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) "Continental Shelf of India" shall have the meaning assigned to it
in the Territorial Waters, Continental Shelf, Exclusive Economic Zone
and other Maritime Zones Act, 1976 (80 of 1976);
(c) "Convention" means the Convention for the Suppression of Unlawful
Acts Against the Safety of Maritime Navigation, signed at Rome on the
10th day of March, 1988 as amended from time to time;
(d) "Convention State" means a State Party to the Convention;
(e) "fixed platform" means an artificial island, installation or
structure permanently attached to the seabed for the purpose of
exploration for, or exploitation of resources or for other economic
purposes;
(f) "Protocol" means the Protocol for the Suppression of Unlawful Acts
Against the Safety of Fixed Platforms Located on the Continental Shelf
adopted at Rome on the 10th day of March,1988 as amended from time to
time;
(g) "Protocol State" means a State Party to the Protocol;
(h) "ship" means a vessel of any type whatsoever not permanently
attached to the seabed and includes dynamically supported craft,
submersibles, or any other floating craft.
CHAP
OFFENCES
CHAPTER II
OFFENCES
3.
Offences against ship, fixed platform, cargo of a ship,
maritimenavigational facilities, etc..
3. Offences against ship, fixed platform, cargo of a ship, maritime
navigational facilities, etc.-(1) Whoever unlawfully and
intentionally-
(a) commits an act of violence against a person on board a fixed
platform or a ship which is likely to endanger the safety of the fixed
platform or, as the case may be, safe navigation of the ship shall be
punished with imprisonment for a term which may extend to ten years
and shall also be liable to fine;
(b) destroys a fixed platform or a ship or causes damage to a fixed
platform or a ship or cargo of the ship in such manner which is likely
to endanger the safety of such platform or safe navigation of such
ship shall be punished with imprisonment for lif ;
(c) seizes or exercises control over a fixed platform or a ship by
force or threatens or in any other form intimidates shall be punished
with imprisonment for life;
(d) places or causes to be placed on a fixed platform or a ship, by
any means whatsoever, a device or substance which is likely to destroy
that fixed platform or that ship or cause damage to that fixed
platform or that ship or its cargo which endangers o is likely to
endanger that fixed platform or the safe navigation of that ship shall
be punished with imprisonment for a term which may extend to fourteen
years;
(e) destroys or damages maritime navigational facilities or interferes
with their operation if such act is likely to endanger the safe
navigation of a ship shall be punished with imprisonment for a term
which may extend to fourteen years;
(f) communicates information which he knows to be false thereby
endangering the safe navigation of a ship shall be punished with
imprisonment for a term which may extend to fourteen years and shall
also be liable to fine;
(g) in the course of commission of or in attempt to commit, any of the
offences specified in clauses (a) to (d) in connection with a fixed
platform or clauses (a) to (f) in connection with a ship-
(i) causes death to any person shall be punished with death;
(ii) causes grievous hurt to any person shall be punished with
imprisonment for a term which may extend to fourteen years;
(iii) causes injury to any person shall be punished with imprisonment
for a term which may extend to ten years;
(iv) seizes or threatens a person shall be punished with imprisonment
for a term which may extend to ten years; and
(v) threatens to endanger a ship or a fixed platform shall be punished
with imprisonment for a term which may extend to two years.
(2) Whoever attempts to commit, or abets the commission of, an offence
punishable under sub-section (1) shall be deemed to have committed
such offence and shall be punished with the punishment provided for
such offence.
(3) Whoever unlawfully or intentionally threatens a person to compel
that person to do or refrain from doing any act or to commit any
offence specified in clause (a), clause (b) or clause (c) of
sub-section (1), if such threat is likely to endanger the s fe
navigation of a ship or safety of a fixed platform shall be punished
with the punishment provided for such offence.
(4) Where any act referred to in sub-section (1) is committed,-
(a) against or on board-
(i) an Indian ship at the time of commission of the offence; or
(ii) any ship in the territory of India including its territorial
waters;
(b) by a stateless person,
such act shall be deemed to be an offence committed by such person for
the purposes of this Act.
Explanation.- In this sub-section, the expression "stateless person"
means a person whose habitual residence is in India but he does not
have nationality of any country.
(5) Where an offence under sub-section (1) is committed and the person
accused of or suspected of the commission of such offence is present
in the territory of India and is not extradited to any Convention
State or Protocol State, as the case may be, s ch person shall be
dealt with in India in accordance with the provisions of this Act.
(6) On being satisfied that the circumstances so warrant, the Central
Government or any other authority designated by it shall take the
person referred to in sub-section (5) and present in the territory of
India into custody or take measures, in accorda ce with the law for
the time being in force, to ensure his presence in India for such time
as is necessary to enable any criminal or extradition proceeding to be
instituted:
Provided that when a person is taken into custody under this
sub-section, it shall be necessary for the Central Government or any
other authority designated by it to notify the Government of any
jurisdiction over the offence committed or suspected to have been
committed by the person in custody. Convention State or Protocol
State which have also establi hed
(7) Subject to the provisions of sub-section (8), where an offence
under sub-section (1) is committed outside India, the person
committing such offence may be dealt with in respect thereof as if
such offence had been committed at any place within India at which he
may be found.
(8) No court shall take cognizance of an offence punishable under this
section which is committed outside India unless-
(a) such offence is committed on a fixed platform or on board a ship
flying the Indian flag at the time the offence is committed;
(b) such offence is committed on board a ship which is for the time
being chartered without crew to a lessee who has his principal place
of business, or where he has no such place of business, his permanent
residence, is in India; or
(c) the alleged offender is a citizen of India or is on a fixed
platform or on board a ship in relation to which such offence is
committed when it enters the territorial waters of India or is found
in India.
4.
Conferment of powers of investigation.
4. Conferment of powers of investigation.-(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).
5.
Designated Courts.
5. Designated Courts.-(1) For the purpose of providing for speedy
trial, the State Government shall, with the concurrence of the Chief
Justice of the High Court, by notification in the Official Gazette,
areas as may be specified in the notification. specify a Court of
Session to be a Designated Cour for such area or
(2) Notwithstanding anything contained in the Code, a Designated Court
shall, as far as practicable, hold the trial on a day-to-day basis.
6.
Offence triable by Designated Court.
6. Offence triable by Designated Court.-(1) Notwithstanding anything
contained in the Code,-
(a) all offences under this Act shall be triable only by the
Designated Court specified under sub-section (1) of section 5;
(b) where a person accused of or suspected of the commission of an
offence under this Act is forwarded to a Magistrate under sub-section
(2) or sub-section (2A) of section 167 of the Code, such Magistrate
may authorise the detention of such person in suc custody as he thinks
fit for a period not exceeding fifteen days in the whole where such
Magistrate is a Judicial Magistrate and seven days in the whole where
such Magistrate is an Executive Magistrate:
Provided that where such Magistrate considers,-
(i) when such person is forwarded to him as aforesaid; or
(ii) upon or at any time before the expiry of the period of detention
authorised by him,
that the detention of such person is unnecessary, he shall order such
person to be forwarded to the Designated Court having the
jurisdiction;
(c) the Designated Court may exercise, in relation to the person
forwarded to it under clause (b), the same power which a Magistrate
having jurisdiction to try a case may exercise under section 167 of
the Code, in relation to an accused person in such ca e who has been
forwarded to him under that section;
(d) a Designated Court may, upon a perusal of a complaint made by an
officer of the Central Government or the State Government, as the case
may be, authorised in this behalf, take cognizance of that offence
without the accused being committed to it for rial.
(2) When trying an offence under this Act, a Designated Court may also
try an offence other than an offence under this Act, with which the
accused may, under the Code, be charged at the same trial.
7.
Application of Code to proceedings before a Designated Court.
7. Application of Code to proceedings before a Designated Court.-Save
as otherwise provided in this Act, the provisions of the Code shall
apply to the proceedings before a Designated Court and the person
conducting a prosecution before a Designated Court shall be deemed to
be a Public Prosecutor.
8.
Provision as to bail.
8. Provision as to bail.-(1) Notwithstanding anything in the Code, no
person accused of an offence punishable under this Act shall, if in
custody, be released on bail or on his own bond unless-
(a) the Public Prosecutor has been given an opportunity to oppose the
application for such release; and
(b) where the Public Prosecutor opposes the application, the Court is
satisfied that there are reasonable grounds for believing that he is
not guilty of such offence and that he is not likely to commit any
offence while on bail.
(2) The limitations on granting of bail specified in sub-section (1)
are in addition to the limitations under the Code or any other law for
the time being in force on granting of bail.
(3) Nothing contained in this section shall be deemed to affect the
special powers of the High Court regarding bail under section 439 of
the Code.
CHAP
MISCELLANEOUS
CHAPTER III
MISCELLANEOUS
9.
Provisions as to extradition.
9. Provisions as to extradition.-(1) The offences under section 3
shall be deemed to have been included as extraditable offences and
provided for in all the extradition treaties made by India with
Convention States or Protocol States and which extend to and are
binding on, India on the date of commencement of this Act.
(2) For the purposes of the application of the Extradition Act, 1962
(34 of 1962) to offences under this Act, any ship registered in a
Convention State or Protocol State shall, at any time while that ship
is plying, be deemed to be within the jurisdictio of that Convention
State or Protocol State, whether or not it is for the time being also
within the jurisdiction of any other country.
10.
Contracting parties to Convention or Protocol.
10. Contracting parties to Convention or Protocol.-The Central
Government may, by notification in the Official Gazette, certify as to
which are the Convention States or Protocol States and to what extent
such States have availed themselves of the provisi ns of the
Convention or Protocol, as the case may be, and any such notification
shall be conclusive evidence of the matters certified therein.
11.
Power to treat certain ships to be registered in Convention States.
11. Power to treat certain ships to be registered in Convention
States.-If the Central Government is satisfied that the requirements
of the Convention have been satisfied in relation to any ship, it may,
by notification in the Official Gazette, direct th t such ship shall,
for the purposes of this Act, be deemed to be registered in such
Convention State as may be specified in the notification.
12.
Previous sanction necessary for prosecution.
12. Previous sanction necessary for prosecution.-No prosecution for
an offence under this Act shall be instituted except with the previous
sanction of the Central Government.
13.
Presumptions as to offences under section 3.-.
13. Presumptions as to offences under section 3.-In a prosecution for
an offence under sub-section (1) of section 3, if it is proved-
(a) that the arms, ammunition or explosives were recovered from the
possession of the accused and there is reason to believe that such
arms, ammunition or explosives of similar nature were used in the
commission of such offence;
(b) that there is evidence of use of force, threat of force or any
other form of intimidation caused to the crew or passengers in
connection with the commission of such offence; or
(c) that there is evidence of an intended threat of using bomb, fire,
arms, ammunition, or explosives or committing any form of violence
against the crew, passengers or cargo of a ship or fixed platform
located on the Continental Shelf of India,
the Designated Court shall presume, unless the contrary is proved,
that the accused had committed such offence.
14.
Protection of action taken in good faith.
14. Protection of action taken in good faith.-(1) No suit,
prosecution or other legal proceeding shall lie against any person for
anything which is in good faith done or intended to be done in
pursuance of the provisions of this Act.
(2) No suit or other legal proceeding shall lie against the Central
Government for any damage caused or likely to be caused for anything
which is in good faith done or intended to be done in pursuance of the
provisions of this Act.
SUBHASH C. JAIN,
Secy. to the Govt. of India.
