THE  MARITIME  ANTI-PIRACY BILL, 2022

THE  MARITIME  ANTI-PIRACY  BILL,  2022

to give effect to the United Nations Convention on the Law of the Sea relating to repression of piracy on high seas and for matters connected therewith or incidental thereto.

WHEREAS India is a party to the United Nations Convention on the Law of the Sea adopted by the United Nations on the 10th December, 1982 and has ratified the same on the 29th June, 1995;

AND WHEREAS the aforesaid Convention, among other things, states that all States 5 shall co-operate to the fullest possible extent in the repression of piracy on high seas;

AND WHEREAS India, having ratified the said Convention, considers it necessary to give effect to the aforesaid Convention relating to piracy.

BE it enacted by Parliament in the Seventy-third Year of the Republic of  India as follows:—

• This Act may be called the Maritime Anti-Piracy Act, 2022.                                               

• It shall come into force on such date as the Central Government may, by notificationin the   Official Gazette, appoint.
• The provisions of this Act shall apply to the high seas.Definitions.

(1) In this Act, unless the context otherwise requires,—

• “authorised personnel” means the officers and sailors assigned to warshipsor military aircraft of the Indian Navy or officers and enrolled persons of the Coast Guard assigned to ships or aircraft of the Indian Coast Guard or officers of the Central Government or the State Government authorised for any ship or aircraft clearly marked and identifiable as being on Government service;
  • “Code” means the Code of Criminal Procedure, 1973;
  • “Convention” means the United Nations Convention on the Law of theSea, 1982;
  • “Designated Court” means a Court of Session specified as such undersection 8;
  • “high seas” includes the Exclusive Economic Zone and all waters beyond thejurisdiction of any other State.

Explanation.—For the purposes of this clause, “Exclusive Economic Zone” means the Exclusive Economic Zone of any other State including the Exclusive

Economic Zone of India;

• “notification” means a notification published in the Official Gazette;
  • “other State” means any country other than India;(h) “piracy” means—
    • any illegal act of violence or detention or any act of depredationcommitted for private ends by any person or by the crew or any passenger of a private ship and directed on the high seas against another ship or any person or property on board such ship;
    • any act of voluntary participation in the operation of a ship withknowledge of facts, making it a pirate ship;
    • any act of inciting or of intentionally facilitating an act described insub-clause (i) of sub-clause (ii); or
    • any act which is deemed piratical under the international law includingcustomary international law; (i) “pirate ship” means a ship which—
    • is intended by the person in dominant control to be used for the purposesof committing any of the acts referred to in sub-clauses (i) to (iv) of clause (h);  or
    • has been used to commit any such act, referred to in sub-clause (i) of this clause, so long as it remains under the control of the person guilty of that act. ( j) “ship” means—
    • vessel or water craft of every description, including non-displacementcraft;
    • sea planes and other aircraft,used or capable of being used as means of transportation on water or

engaged in any operations at sea.

Explanation.—For the purposes of the clause, “aircraft” shall have the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934;

(k) “stateless person” means a person who is not considered as a national by any country by virtue of its laws.

(2) The words and expressions used in this Act and not defined but defined in the Cenvention, the Indian Penal Code, the Code or  the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, shall have the meanings respectively assigned to them in such Convention, the Codes or the Act.

• Whoever commits any act of piracy,  shall be punished—
  • with imprisonment which may extend to imprisonment for life or with fine orwith both; or
  • with death or with imprisonment for life, if such person in committing the actof piracy causes death or an attempt thereof,

and in addition shall also be subject to restitution or forfeiture of property involved in the commission of such offence.

• Whoever attempts to commit the offence of piracy or aids or abets or conspires orprocures for the commission of such offence shall be punished with imprisonment for a term which may extend to ten years or with fine or with both.
• Whoever participates or organises or directs other person to participate in an act ofpiracy shall be punished with imprisonment for a term which may extend to fourteen years or with fine or with both.
• Notwithstanding anything contained in the Code, the Central Government may, forthe purposes of this Act, by notification, confer the powers of arrest, investigation and prosecution of any person exercisable by a police officer under the Code on any of its officer or such officer of a State Government.
• (1) The authorised personnel may, either generally or on suspicion that a ship is engaged in piracy on the high seas, board such ship and arrest the persons or seize the pirate ship and property on board.

(2) The ship or property seized under sub-section (1) shall be disposed of only by the order of the court.

• For the purposes of providing speedy trial of offences under this Act, the CentralGovernment shall, after consulting the Chief Justice of the concerned High Court, by notification, specify—
  • one or more Courts of Sessions in a State, to be the Designated Court for thepurposes of this Act; and
  • the territorial jurisdiction of each such court:

Provided that such territorial jurisdiction shall be determined on the basis of the port or place of disembarkation within India of the person suspected or accused of an offence under this Act.

The  Designated Court shall have jurisdiction to try an offence punishable underthis Act where such offence is committed—

• by a person who is apprehended by, or is in the custody of, the authorisedpersonnel or the police, regardless of the nationality or citizenship of such person;
  • by a person who is a citizen of India or a resident foreign national in India orany stateless person:

Provided that nothing in this section shall apply to a warship or its auxiliary ship or a Government owned ship employed for non-commercial service and is under

the control of Government authorities at the time of commission of the offence of piracy.

10.  (1) Notwithstanding anything contained in the Code,—

• all offences under this Act shall be tried by the Designated Court notified assuch under clause (i) of section 8;
• where a person  accused of, or suspected of, the commission of an offenceunder 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 such 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—

• at the time when such person is forwarded to him under thissub-section; or
  • at any time before the expiry of the period of detention authorised byhim,

that the detention of such person is not necessary, he shall order such person to be forwarded to  the  Designated Court having jurisdiction.

• The Designated Court may exercise, in relation to the person forwarded to  himunder clause (b) of sub-section (1), 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 case who has been forwarded to him under that section.
• A Designated Court may, upon a perusal of a complaint made by an officer of theCentral 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 trial.
• While trying an offence under this Act, a Designated Court may also try an offenceunder any other law, other than an offence under this Act, with which the accused may be charged at the same trial under the Code.
• Notwithstanding anything contained in the Code, a Designated Court shall, as faras practicable, hold the trial on a day-to-day basis.

11. Where a person is accused of having committed an offence punishable under this Act and, if,—

• the arms, ammunitions, explosives and other equipments are  recovered fromthe possession of the accused, and there are reasonable grounds  to believe  that such arms, ammunitions, explosives or other equipments of similar nature were used  or intended to be used in the commission of the offence;
• there is evidence of use of force, threat of force or any other  form ofintimidation caused to  the crew or passengers of the ship in connection with the commission of the offence; or there is evidence of an intended threat of using bombs, arms, firearms,explosives or committing any form of violence against the crew, passengers or cargo of a ship, then, the Designated Court shall presume, unless the contrary is proved,  that the accused person had committed such offence.

12. (1) Notwithstanding anything contained 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—

• the Public Prosecutor has been given a reasonable opportunity to opposethe application for such release; and
• where the Public Prosecutor opposes the application, the Court is satisfiedthat 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) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding grant of bail under section 439 of the Code.

1. Save as otherwise provided in this Act, the provisions of the Code shall apply tothe proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor appointed under the said Code.
2. (1) The offences under this Act shall be deemed to have been included as extraditable offences and provided for in all extradition treaties made by India with any other State and which extend to and are binding on India on the date of commencement of this Act.
3. In the absence of a bilateral extradition treaty, the offences under this Act shall beextraditable offences between India and other State on the basis of reciprocity.
4. For the purposes of application of the provisions of the Extradition Act, 1962 to theoffences under this Act, any ship registered in other State shall, at any time while that ship is operating, be deemed to be within the jurisdiction of that other State whether or not it is for the time being also within the jurisdiction of any other State.

15. (1) No suit, prosecution or other legal proceedings shall lie against an authorised personnel 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 or any

State 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.

BILL  to give effect to the United Nations Convention on the Law of the Sea relating to repression of piracy on high seas and for matters connected therewith or incidental thereto.

(As Passed by Lok Sabha)

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