AS INTRODUCED IN LOK SABHA

Bill No. 369 of 2019

THE ANTI-MARITIME PIRACY BILL, 2019

A

BILL
to make special provisions for repression of piracy on high seas and to provide for
punishment for the offence of piracy 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
shall co-operate to the fullest possible extent in the repression of piracy on high seas or any
other place outside the jurisdiction of any State;
AND WHEREAS it is considered necessary to implement the provisions relating to piracy
contained in the aforesaid Convention.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Anti-Maritime Piracy Act, 2019. Short title,
commencement
and
application.
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(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
(3) The provisions of this Act shall apply to all parts of the sea adjacent to and beyond
the limits of Exclusive Economic Zone of India.
Definitions. 2. (1) In this Act, unless the context otherwise requires,— 5

(a) "Code" means the Code of Criminal Procedure, 1973; 2 of 1974.

(b) "Convention" means the United Nations Convention on the Law of the
Sea, 1982;
(c) "Convention State" means a State party to the United Nations Convention
on the Law of the Sea, 1982; 10

(d) "Designated Court" means a Court of Session specified as such under

section 8;
(e) "notification" means a notification published in the Official Gazette;
(f) "piracy" means—
(i) any illegal act of violence or detention or any act of depredation 15
committed for private ends by the crew or any passenger of private ship or a
private aircraft and directed—
(A) on the high seas against another ship or aircraft or against person
or property on board such ship or aircraft;
(B) against a ship, aircraft, person or property in a place outside the 20
jurisdiction of India;
(ii) any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts, making it a pirate ship or aircraft;
(iii) any act of inciting or of intentionally facilitating an act described in
sub-clause (i) or sub-clause (ii); or 25

(iv) any act which is deemed piratical under the international law including
customary international law;
(g) "pirate ship or aircraft" means a ship or aircraft which—
(i) is intended by the person in dominant control to be used for the purposes
of committing any of the acts referred to in sub-clauses (i) to (iv) of clause (f); or 30

(ii) 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.
(h) "stateless person" means a person who is not considered as a national by
any country by virtue of its laws. 35

(2) The words and expressions used in this Act and not defined but defined in the
Indian Penal Code, the Code or the Territorial Waters, Continental Shelf, Exclusive Economic 45 of 1860.
Zone and Other Maritime Zones Act, 1976, shall have the meanings respectively assigned to 80 of 1976.
them in such Code or the Act.
(3) Any reference in this Act to a law which is not in force in any area, shall, in 40
relation to that area, be construed as a reference to the corresponding law, if any, in force in
that area.
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3. Whoever commits any act of piracy, shall be punished— Punishment

for piracy.
(i) with imprisonment for life; or
(ii) with death, if such person in committing the act of piracy causes death or an
attempt thereof,
5 and in addition shall also be subject to restitution or forfeiture of property involved in the
commission of such offence.
4. Whoever attempts to commit the offence of piracy or aids or abets or counsels or Punishment
procures for the commission of such offence shall be punished with imprisonment for a term for attempt
to commit
which may extend to fourteen years and shall also be liable to fine. piracy, etc.

10 5. Whoever participates or organises or directs other person to participate in an act of Punishment

for
piracy shall be punished with imprisonment for a term which may extend to fourteen years organising,
and shall also be liable to fine. directing
others to
participate in
an act of
piracy.

6. Notwithstanding anything contained in the Code, the Central Government may, for Conferment
the purposes of this Act, by notification, confer the powers of arrest, investigation and of power of
arrest,
15 prosecution of any person exercisable by a police officer under the Code on any of its investigation,
Gazetted officer or such officer of a State Government. etc.

7. (1) On the high seas, or in any other place outside the jurisdiction of India, a pirate Arrest and
ship or aircraft, or any ship or aircraft taken for piracy and under the control of pirates may be seizure of
property.
seized and the persons on board may be arrested and the property on board may be liable to
20 be seized.
(2) A seizure on account of piracy under sub-section (1) may be carried out only by
warships or military aircraft of the Indian Navy or the ships or aircraft of the Indian Coast
Guard or other ships or aircraft clearly marked and identifiable as being on Government
service and authorised for such purpose.
25 8. For the purposes of providing speedy trial of offences under this Act, the Central Designated
Government shall, after consulting the Chief Justice of the concerned High Court, by Court.

notification, specify—
(i) one or more Courts of Sessions in a State, to be the Designated Court for the
purposes of this Act; and
30 (ii) the territorial jurisdiction of each such court.
9. (1) The Designated Court shall have jurisdiction to try an offence punishable under Jurisdiction of
this Act where such offence is committed— Designated
Court.
(i) by a person who is apprehended by, or is in the custody of, the Indian Navy
or the Indian Coast Guard, regardless of the nationality or citizenship of such person;
35 (ii) by a person who is a citizen of India or a resident foreign national in India or
any stateless person:
Provided that where such offence is committed on board a foreign flag ship,
such court shall not have jurisdiction to try such offence unless the law enforcement
agency or the public authority of the port or place, where the ship is located, has been
40 requested to intervene by the concerned State whose flag the ship is entitled to fly or
by the owner of the ship or its master or any other person on board the ship:
Provided further that nothing in this sub-section shall apply to a warship or its
auxiliary ship or a Government owned ship employed for non-commercial service and
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is under the control of Government authorities at the time of commission of the offence
of piracy.
(2) Notwithstanding anything contained in any other law for the time being in force,
the Designated Court shall have the jurisdiction to try a proclaimed offender in absentia.
Trial of 10. (1) Notwithstanding anything contained in the Code,— 5
offences by
Designated (a) all offences under this Act shall be tried by the Designated Court notified as
Court. such under sub-section (1) of section 8;
(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 10
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—
(i) at the time when such person is forwarded to him under this 15
sub-section; or
(ii) at any time before the expiry of the period of detention authorised by
him,
that the detention of such person is not necessary, he shall order such person to be forwarded
to the Designated Court having jurisdiction. 20

(2) The Designated Court may exercise, in relation to the person forwarded to him
under 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.
(3) A Designated Court may, upon a perusal of a complaint made by an officer of the 25
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 trial.
(4) While trying an offence under this Act, a Designated Court may also try an offence
under any other law, other than an offence under this Act, with which the accused may be
charged at the same trial under the Code. 30

(5) Notwithstanding anything contained in the Code, a Designated Court shall, as far
as practicable, hold the trial on a day-to-day basis.

Presumption. 11. Where a person is accused of having committed an offence punishable under this
Act and, if,—
(a) the arms, ammunitions, explosives and other equipments are recovered from 35
the 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;
(b) there is evidence of use of force, threat of force or any other form of
intimidation caused to the crew or passengers of the ship in connection with the 40
commission of the offence; or
(c) 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,
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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 Provisions as
offence punishable under this Act shall, if in custody, be released on bail or on his own bond to bail.
5 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
10 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.
13. Save as otherwise provided in this Act, the provisions of the Code shall apply to Application
the proceedings before a Designated Court and the person conducting a prosecution before of Code in
15 a Designated Court shall be deemed to be a Public Prosecutor appointed under the said proceedings
before
Code. Designated
Court.

14. (1) The offences under this Act shall be deemed to have been included as extraditable Provision as
offences and provided for in all extradition treaties made by India with Convention State and to
extradition.
which extend to and are binding on India on the date of commencement of this Act.
20 (2) In the absence of a bilateral extradition treaty, the offences under this Act shall be
extraditable offences between India and other Convention State on the basis of reciprocity.
34 of 1962. (3) For the purposes of application of the provisions of the Extradition Act, 1962 to the
offences under this Act, any ship registered in a Convention State shall, at any time while
that ship is plying, be deemed to be within the jurisdiction of that Convention State whether
25 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 any person for Protection of
anything which is in good faith done or intended to be done in pursuance of the provisions action taken
in good faith.
of this Act.
(2) No suit or other legal proceeding shall lie against the Central Government for any
30 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.
 STATEMENT OF OBJECTS AND REASONS
In today's times, the menace of piracy is growing. The Gulf of Aden, which
separates Somalia and Yemen and connects the Arabian Sea to the Red Sea and through
the Suez Canal to the Mediterranean Sea, has seen a major spurt in attacks by pirates
operating from Somalia since 2008. This route is used by about 2000 ships each month
for trade between Asia and Europe and East coast of Africa. With the enhanced naval
presence in the Gulf of Aden, pirates shifted their area of operations eastwards and
southwards. This led to a flurry of piracy incidents towards the western coast of India
as well.
2. India does not have a separate domestic legislation on piracy. The
provisions of the Indian Penal Code pertaining to armed robbery and the Admiralty
jurisdiction of certain courts have been invoked in the past to prosecute pirates
apprehended by the Indian Navy and the Coast Guard but in the absence of any specific
law relating to the offence of maritime piracy in India, problems are being faced in
ensuring effective prosecution of the pirates.
3. Given the increasing incidences of piracy, including within India's Exclusive
Economic Zone, and the increasing number of pirates apprehended by the Indian Naval
forces, the need is felt for a comprehensive domestic legislation on piracy, which is an
outcome to the commitment made by India by signing the United Nations Convention
on the Law of the Sea (UNCLOS) in the year 1982 and ratified in the year 1995.
4. In view of the above, it has been decided to bring about a domestic
anti-piracy legislation for the prosecution of persons for piracy-related crimes and to
promote the safety and security of India's maritime trade including the safety of our
vessels and crew members.
5. Accordingly, the Anti-Maritime Piracy Bill, 2019, inter alia, provides for the
following.
(a) to make the provisions of the proposed legislation applicable to all parts
of the sea adjacent to and beyond the limits of Exclusive Economic Zone of India;
(b) to make the act of piracy on high seas as an offence punishable with
imprisonment for life or with death;
(c) to provide for punishment for attempt to commit offence of piracy or
being an accessory to the commission of offence;
(d) to provide for presumption of guilt in case certain conditions are satisfied;
(e) to make the offence extraditable;
(f) to enable the Central Government, in consultation with the Chief Justice
of the concerned High Court, to specify certain courts as Designated Courts for
speedy trial of offences of piracy under the proposed legislation.
6. The Bill seeks to achieve the above objectives.

NEW DELHI; DR. S. JAISHANKAR

The 2nd December, 2019.

6
 LOK SABHA

————

BILL

to make special provisions for repression of piracy on high seas and to provide for
punishment for the offence of piracy and for matters connected therewith or
incidental thereto.

————

(Dr. S. Jaishankar, Minister of External Affairs)

MGIPMRND—4017LS—03-12-2019.