Section 16 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
Where any person is convicted of an offence under this Act, the Court may, in addition to awarding any punishment, order that any costs incurred in connection with the retention or custody of the vessel during the pendency of any proceedings for the prosecution of an offence under this Act, as reduced by the amount, if any, realised out of the use of the vessel by the authority with whom such vessel was retained or kept in custody, shall be payable by the person convicted.
Summary
- These costs are for the money the government spent to keep and guard the vessel during the legal trial.
- However, if the government authority used the vessel during that waiting period and made money from it, that amount is subtracted from the final bill.
- This order for costs is given in addition to any regular punishments or fines the court hands out.
Practical examples
FAQ
1. Can the court make a person pay for the storage of their seized boat?
Yes, the court can order the convicted person to pay costs incurred for the retention or custody of the vessel.
2. What happens if the government uses the boat to make money while holding it?
Any money realized from the authority's use of the vessel is reduced from the total costs the convicted person has to pay.
3. Does this cost replace the regular fine or punishment?
No, the court orders these costs in addition to awarding any punishment.
Test yourself
Q1.Under Section 16 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what specific costs can the court order a convicted person to pay?
Q2.Under Section 16 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how is the final amount owed for custody costs calculated if the government used the vessel during the trial?
Q3.Under Section 16 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, when can the court issue this order for costs?
Q4.Under Section 16 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, does paying the custody costs cancel out the main penalty for the crime?
Q5.Under Section 16 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, who receives the money from the use of the vessel that is subtracted from the costs?