राज थान राजप

वशेषांक

RAJASTHAN GAZETTE

Extraordinary

साधकार काशत

Published by Authority

 ये ठ 29, शुवार, शाके 1948- जून 19, 2026

Jyaistha 29, Friday, Saka 1948- June 19, 2026

Hkkx 5 ¼d½

dsUnzh; fo/kku eaMy ds vf/kfu;eA

LAW (LEGISLATIVE DRAFTING) DEPARTMENT

(GROUP-2)

NOTIFICATION

Jaipur, May 21, 2026

NO. F.3(4) Law/2/2026- The following Act of the parliament which

received the assent of the President of India on 31st January, 2023 is

hereby republished for general information.

Raghavendra Kachwal,

Principal Secretary to the Government.

(First published in Gazette of India, Extraordinary Part II, Section I dated 2nd

February, 2023)

THE MARITIME ANTI-PIRACY ACT, 2022

NO. 3 OF 2023

[31st January, 2023.]

An Act 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

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:—

1. (1) This Act may be called the Maritime Anti-Piracy Act, 2022.

Short title,

commencement

and

application.

5 राज थान राज&प , जून 19] 2026 भाग 5 (क)

Definitions.

(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 the high seas.

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

(a) "authorised personnel" means the officers and sailors assigned to warships

or 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;

(b) "Code" means the Code of Criminal Procedure, 1973;

(c) "Convention" means the United Nations Convention on the Law of the

Sea, 1982;

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

section 8;

(e) "high seas" includes the Exclusive Economic Zone and all waters beyond the

jurisdiction 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;

(f) "notification" means a notification published in the Official Gazette;

(g) "other State" means any country other than India;

(h) "piracy" means—

(i) any illegal act of violence or detention or any act of depredation

committed 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;

(ii) any act of voluntary participation in the operation of a ship with

knowledge of facts, making it a pirate ship;

(iii) any act of inciting or of intentionally facilitating an act described in

sub-clause (i) or sub-clause (ii); or

(iv) any act which is deemed piratical under the international law including

customary international law;

(i) "pirate ship" means a ship 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 (h); or

(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;

(j) "ship" means—

(i) vessel or water craft of every description, including non-displacement

2 of 1974.

craft;

(ii) 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 this 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

Convention, the Indian Penal Code, the Code or the Territorial Waters, Continental Shelf,

22 of 1934.

45 of 1860.

भाग 5 (क) राज थान राज&प , जून 19] 2026 6

80 of 1976.

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.

3. Whoever commits any act of piracy, shall be punished—

(i) with imprisonment which may extend to imprisonment for life or with fine or

with both; or

(ii) with death or with imprisonment for life, if such person in committing the act

of 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.

4. Whoever attempts to commit the offence of piracy or aids or abets or conspires or

procures 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.

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

piracy shall be punished with imprisonment for a term which may extend to fourteen years or

with fine or with both.

6. Notwithstanding anything contained in the Code, the Central Government may, for

the 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.

7. (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.

8. For the purposes of providing speedy trial of offences under this Act, the Central

Government shall, after consulting the Chief Justice of the concerned High Court, by

notification, specify—

(i) one or more Courts of Sessions in a State, to be the Designated Court for the

purposes of this Act; and

(ii) 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.

9. The Designated Court shall have jurisdiction to try an offence punishable under

this Act where such offence is committed—

(i) by a person who is apprehended by, or is in the custody of, the authorised

personnel or the police, regardless of the nationality or citizenship of such person;

(ii) by a person who is a citizen of India or a resident foreign national in India or

any 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

Punishment

for piracy.

Punishment

for attempt

to commit

piracy, etc.

Punishment

for organising

or directing

others to

participate in

an act of

piracy.

Conferment

of power of

arrest,

investigation,

etc.

Arrest of

persons and

seizure of ship

and property.

Designated

Court.

Jurisdiction of

Designated

Court.

7 राज थान राज&प , जून 19] 2026 भाग 5 (क)

Trial of

offences by

Designated

Court.

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

piracy.

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

(a) all offences under this Act shall be tried by the Designated Court notified as

such under clause (i) 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

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

sub-section; or

(ii) at any time before the expiry of the period of detention authorised by

Presumption.

him,

that the detention of such person is not necessary, he shall order such person to be forwarded

to the Designated Court having jurisdiction.

(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

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.

(5) Notwithstanding anything contained in the Code, a Designated Court shall, as far

as 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,—

(a) the arms, ammunitions, explosives and other equipments are recovered from

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

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,

भाग 5 (क) राज थान राज&प , जून 19] 2026 8

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—

Provisions as

to bail.

(a) the Public Prosecutor has been given a reasonable 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

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

the 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.

Application

of Code in

proceedings

before

Designated

Court.

34 of 1962.

14. (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.

(2) In the absence of a bilateral extradition treaty, the offences under this Act shall be

extraditable offences between India and other State on the basis of reciprocity.

(3) For the purposes of application of the provisions of the Extradition Act, 1962 to the

offences 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.

————

DR. REETA VASISHTA,

Secretary to the Govt. of India.

रा य के य मुणालय,जयपुर।

Provision as

to extradition.

Protection of

action taken

in good faith.