The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002

(1) This Act may be called theSuppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on ContinentalShelf 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 theTerritorial Waters, Continental Shelf, Exclusive 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 watersbeyond the outer limits of the territorial waters of India, or the lateral limits of its territorial waterswith adjacent States; (c) when the offence is committed on board a ship in the territorial waters of India or against afixed platform located on the Continental Shelf of India. (4) Notwithstanding anything contained in sub-section (3), this Act shall apply only to offencescommitted 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 orterritorial 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 inclause (a) or clause (b). (5) It shall come into force on such date 1as the Central Government may, by notification in theOfficial Gazette, appoint.

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 Safetyof Maritime Navigation, signed at Rome on the10th day of March, 1988 as amended from time totime; (d) "Convention State" means a State Party to the Convention; (e) "fixed platform" means an artificial island, installation or structure permanently attached tothe seabed for the purpose of exploration for, or exploitation of resources or for other economicpurposes; (f) "Protocol" means the Protocol for the Suppression of Unlawful Acts Against the Safety ofFixed Platforms Located on the Continental Shelf adopted at Rome on the 10th day of March,1988 asamended 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 andincludes dynamically supported craft, submersibles, or any other floating craft.

(1) Whoever unlawfully and intentionally-- (a) commits an act of violence against a person on board a fixed platform or a ship which is likelyto endanger the safety of the fixed platform or, as the case may be, safe navigation of the ship shall bepunished 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 ofthe ship in such manner which is likely to endanger the safety of such platform or safe navigation ofsuch ship shall be punished with imprisonment for life; (c) seizes or exercises control over a fixed platform or a ship by force or threatens or in any otherform 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 deviceor substance which is likely to destroy that fixed platform or that ship or cause damage to that fixedplatform or that ship or its cargo which endangers o is likely to endanger that fixed platform or thesafe navigation of that ship shall be punished with imprisonment for a term which may extend tofourteen years; (e) destroys or damages maritime navigational facilities or interferes with their operation if suchact is likely to endanger the safe navigation of a ship shall be punished with imprisonment for a termwhich may extend to fourteen years; (f) communicates information which he knows to be false thereby endangering the safenavigation of a ship shall be punished with imprisonment for a term which may extend to fourteenyears and shall also be liable to fine; (g) in the course of commission of or in attempt to commit, any of the offences specified inclauses (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 whichmay extend to fourteen years; (iii) causes injury to any person shall be punished with imprisonment for a term which mayextend to ten years; (iv) seizes or threatens a person shall be punished with imprisonment for a term which mayextend to ten years; and (v) threatens to endanger a ship or a fixed platform shall be punished with imprisonment for aterm which may extend to two years. (2) Whoever attempts to commit, or abets the commission of, an offence punishable undersub-section (1) shall be deemed to have committed such offence and shall be punished with thepunishment provided for such offence. (3) Whoever unlawfully or intentionally threatens a person to compel that person to do or refrain fromdoing 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 safe navigation of a ship or safety of a fixed platform shall bepunished 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 habitualresidence 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 ofthe commission of such offence is present in the territory of India and is not extradited to any ConventionState or Protocol State, as the case may be, such person shall be dealt with in India in accordance with theprovisions of this Act. (6) On being satisfied that the circumstances so warrant, the Central Government or any otherauthority designated by it shall take the person referred to in sub-section (5) and present in the territory ofIndia into custody or take measures, in accordance with the law for the time being in force, to ensure hispresence in India for such time as is necessary to enable any criminal or extradition proceeding to beinstituted: Provided that when a person is taken into custody under this sub-section, it shall be necessary for theCentral Government or any other authority designated by it to notify the Government of any ConventionState or Protocol State which have also established jurisdiction over the offence committed or suspectedto have been committed by the person in custody. (7) Subject to the provisions of sub-section (8), where an offence under sub-section (1) is committedoutside India, the person committing such offence may be dealt with in respect thereof as if such offencehad 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 committedoutside India unless-- (a) such offence is committed on a fixed platform or on board a ship flying the Indian flag at thetime the offence is committed; (b) such offence is committed on board a ship which is for the time being chartered without crewto a lessee who has his principal place of business, or where he has no such place of business, hispermanent 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 relationto which such offence is committed when it enters the territorial waters of India or is found in India.

(1) Notwithstanding anything contained in the Code,for the purpose of this Act, the Central Government may, by notification in the Official Gazette, confer onany gazetted officer of the Coast Guard or any other gazetted officer of the Central Government powersof 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 assistthe officer of the Central Government referred to in sub-section (1), in the execution of provisions of thisAct. Explanation. - For the purpose of this section, officer of the Coast Guard means an officer asdefined in clause (q) of section 2 of the Coast Guard Act, 1978 (30 of 1978).

(1) For the purpose of providing for speedy trial, the State Governmentshall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette,specify a Court of Session to be a Designated Court for such area or areas as may be specified in thenotification. (2) Notwithstanding anything contained in the Code, a Designated Court shall, as far as practicable,hold the trial on a day-to-day basis.