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

Summary of the Suppression of Unlawful Acts Against safety of Maritime of Navigation and Fixed platforms on Continental Shelf Act, 2002
Key Provisions
1. Jurisdiction
• Applies to the whole of India, including its maritime zones (territorial waters, continental shelf, exclusive economic zone).
• Extends to offences committed outside India involving Indian ships, citizens, or stateless persons with a habitual Indian residence.
2. Offences
• Acts Punishable:
• Violence or intimidation against persons on ships or fixed platforms.
• Destruction, damage, or seizure of ships, fixed platforms, or their cargo.
• Placing explosive devices to destroy ships or platforms.
• Damaging maritime navigational facilities.
• Transmitting false information to endanger navigation.
• Penalties: Imprisonment (up to life imprisonment for severe offences, including those resulting in death).
• Fines for less severe violations.
3. Investigation & Prosecution
• Investigative Powers: Granted to specified Coast Guard or Central Government officers.
• Court Jurisdiction:
• Exclusive Trial Courts: Offences under this Act can only be tried by a Metropolitan Magistrate or a Judicial Magistrate of the first class or higher courts.
• No Lower Courts: Courts inferior to the aforementioned are barred from trying offences under this Act.
• Special Courts: Designated for swift trials, with provisions for continuous hearings.
• Bail Restrictions: Mandatory hearing of the Public Prosecutor before bail can be granted.
• Requires a written report from an authorised officer for cognizance.
• Empowers Metropolitan Magistrates or Judicial Magistrates of the first class to impose enhanced penalties.
• Place of Trial: Can be directed by the Central Government through official gazette notifications.

Legislative History:

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

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

Act Number 69 of 2002

Act ID (India Code) 200269

Presidential Assent Date December 20, 2002

Enforcement Date February 1, 2003

Nodal Ministry Ministry of Ports, Shipping and Waterways / Ministry of External Affairs

Precedent & Statutory Rationale

1. International Legal Treaties & Maritime Security Commitments:

o SUA Convention (1988): Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988.

o SUA Protocol (1988): Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988.

o India acceded to both treaties on October 15, 1999. Under Article 253 of the Constitution of India, implementing legislation was required to give statutory effect to these international instruments and penalize acts of maritime terrorism, piracy, seizure of ships, and sabotage within domestic law.

2. Offshore Infrastructure Protection:

o Necessary to establish extraterritorial penal jurisdiction over offences committed against Indian ships, foreign ships operating within Indian maritime zones, and fixed offshore structures located on the Continental Shelf and Exclusive Economic Zone (EEZ) of India.

Parliamentary Trajectory & Enactment

• March 2002 – August 2002: Referred to the Department-Related Parliamentary Standing Committee on Transport, Tourism and Culture for examination.

• November 28, 2002: Considered and passed by the Rajya Sabha with committee-recommended official amendments.

• Enactment: Received Presidential Assent on December 20, 2002.

• Enforcement: Enforced on February 1, 2003.

Source: Official Records of Parliament, India Code, and Ministry of Ports, Shipping and Waterways / Ministry of External Affairs.