Bare Acts

CHAPTER III MISCELLANEOUS


9. Provisions as to extradition.—(1) The offences under section 3 shall be deemed to have been
included as extraditable offences and provided for in all the extradition treaties made by India with
Convention States or Protocol States and which extend to, and are binding on, India on the date of
commencement of this Act.
(2) For the purposes of the application of the Extradition Act, 1962 (34 of 1962) to offences under
this Act, any ship registered in a Convention State or Protocol State shall, at any time while that ship is
plying, be deemed to be within the jurisdiction of that Convention State or Protocol State, whether or not
it is for the time being also within the jurisdiction of any other country.
10. Contracting parties to Convention or Protocol.—The Central Government may, by notification
in the Official Gazette, certify as to which are the Convention States or Protocol States and to what extent
such States have availed themselves of the provisions of the Convention or Protocol, as the case may be,
and any such notification shall be conclusive evidence of the matters certified therein.
11. Power to treat certain ships to be registered in Convention States.—If the Central
Government is satisfied that the requirements of the Convention have been satisfied in relation to any
ship, it may, by notification in the Official Gazette, direct that such ship shall, for the purposes of this Act,
be deemed to be registered in such Convention State as may be specified in the notification.
12. Previous sanction necessary for prosecution.—No prosecution for an offence under this Act
shall be instituted except with the previous sanction of the Central Government.
13. Presumptions as to offences under section 3.—In a prosecution for an offence under
sub-section (1) of section 3, if it is proved—
(a) that the arms, ammunition or explosives were recovered from the possession of the accused
and there is reason to believe that such arms, ammunition or explosives of similar nature were used in
the commission of such offence;
(b) that there is evidence of use of force, threat of force or any other form of intimidation caused
to the crew or passengers in connection with the commission of such offence; or
(c) that there is evidence of an intended threat of using bomb, fire, arms, ammunition, or
explosives or committing any form of violence against the crew, passengers or cargo of a ship or
fixed platform located on the Continental Shelf of India,
the Designated Court shall presume, unless the contrary is proved, that the accused had committed such
offence.
14. Protection of action taken in good faith.—(1) No suit, prosecution or other legal proceeding
shall lie against any person 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 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. 

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