THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF MARITIME

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;

Source: www.india.gov.in

(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
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