Applicability of the Bill

The Bill applies to all parts of the sea adjacent to and beyond the Exclusive Economic Zone (EEZ) of India, i.e., beyond 200 nautical miles from the coastline.

The Bill defines piracy as an act on the high seas, hence the Committee suggested it is necessary to make this Bill applicable to the high seas.  The definition should include the EEZ because Article 58(2) of UNCLOS holds that the EEZ retains the characteristics of high seas barring sovereign rights of the Coastal State.  

The Bill will apply to high seas which includes EEZ and all waters beyond the jurisdiction of any other state (country other than India). 

Punishment for piracy

Penalty for committing any act of piracy:

Rulings of the Supreme Court of India have struck down the mandatory death penalty as unconstitutional.  Further, governments of other countries have been less willing to extradite the accused to India for offences punishable by death, since those countries have abolished the death penalty.

The penalty is being amended to:

Punishment for attempt to commit or aid piracy

up to 14 years of imprisonment and a fine

NA

up to 10 years of imprisonment, or fine, or both.

Punishment for participating, organising or directing others to commit piracy

up to 14 years and a fine

NA

up to 14 years, or fine, or both.

Personnel authorised for arrest and seizure

The Bill does not have any mention of personnel in the process of arrest or seizure, and omitted the Indian Coast Guard in this role.  It only refers to the vehicles used in this process.  The Committee recommended amending the clause to also allow seizure by officers or sailors assigned to these ships, and authorised personnel of other ships authorised by the government.

Only authorised personnel may carry out arrest and seizure.  These personnel include: (i) officers and sailors assigned to warships or military aircraft of Indian Navy, or (ii) officers and enrolled persons of Coast Guard, (iii) officers of the central or state government authorised for any ship or aircraft.             

Power to carry out arrest and seizure on grounds of suspicion

Bill provides for arrest and seizure of a pirate ship or aircraft, by:

(i) a warship or military aircraft of the Indian Navy,

(ii) a ship or aircraft of the Indian Coast Guard, or

(iii) ships or aircraft on government service, and authorised for such purpose.

The Bill does not have any mention of personnel in the process of arrest or seizure, and omitted the Indian Coast Guard in this role.  It only refers to the vehicles used in this process.  The Committee recommended amendments accordingly.  The Bill also only provides for arrest of pirates and seizure of pirate ships, without any scope for arrest, search, and seizure on suspicion of piracy.  The Committee recommended an amendment to enable this.

Only authorised personnel may carry out arrest and seizure.  These personnel include: (i) officers and sailors assigned to warships or military aircraft of Indian Navy, or (ii) officers and enrolled persons of Coast Guard, (iii) officers of the central or state government authorised for any ship or aircraft.  It adds that Authorised Personnel may carry out arrest and seizure on grounds of suspicion.

Disposing seized property

NA

The Bill has no provision for disposing of seized property.  Committee recommended adding provisions enabling the disposal of property or ships by order of Court.

The ship or property seized will be disposed of only by a Court order.

Jurisdiction of Designated Court

Territorial jurisdiction of designated courts will be specified by central government after consulting with the Chief Justice of India.  

NA

Adds that port or place of disembarkation within India of the person suspected or accused will be taken into account while deciding jurisdiction of the Court. 

Power of Designated Court to try a person while absent from the Court

Court may try a person even if the person is not physically present in the Court.

The provision for in-absentia trials was viewed as contrary to the principles of natural justice, as they enable denial of the right of the accused to a reasonable opportunity to be heard, and would not withstand scrutiny under Article 21 of the Constitution.  In addition, the barring of in-absentia trials in other UNCLOS signatory states may make extradition of the accused difficult. 

Provision deleted

People who may carry out piracy

The Bill defines piracy as any illegal act of violence, detention, or destruction committed against a ship, aircraft, person or property, for private purposes, by the crew or passengers of a private ship or aircraft.

The Committee reasoned that the presence of other persons in addition to passengers and crew members is possible on a ship, and therefore they recommended the inclusion of ‘any person’.

Adds ‘any person’ under the definition of people who may carry out piracy. 

Definition of ship

NA

The 2019 Bill lacks a definition for ships, but various provisions in both the Bill and UNCLOS rely on the term “ship”.  The Committee recommended a definition which covers all classes of water-based transport, including aircraft, as under the Section 2(1) Aircraft Act, 1934.

Defines ship as (i) vessel or water craft, and (ii) seaplanes and other aircraft capable of being used as means of transportation in water.