Section 18 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1973), every offence punishable under this Act shall be cognizable.
Summary
- This means law enforcement officers have the authority to arrest a suspect directly, without needing to ask a judge for an arrest warrant first.
- This rule applies regardless of what the general Code of Criminal Procedure from 1973 normally dictates for other crimes.
- It ensures that authorities can act swiftly at sea when they discover illegal foreign fishing activities.
Practical examples
FAQ
1. What does the term "cognizable" mean in this law?
It means the police or authorised officers can arrest someone suspected of an offense under this Act without needing an arrest warrant.
2. Does this rule override standard criminal procedure?
Yes, it applies notwithstanding anything contained in the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 18 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how are all offenses classified?
Q2.Under Section 18 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what law is specifically mentioned as being overridden by this rule on cognizable offenses?
Q3.What practical power does an officer gain because offenses are cognizable under Section 18 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981?
Q4.Under Section 18 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, which offenses under the Act are considered cognizable?
Q5.If an authorised officer catches a person failing to stow their gear as required by Section 7, can they arrest them without a warrant based on Section 18 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981?