Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981
- (1)Where any offence is alleged to have been committed under the provisions of this Act, the place of commission of such offence shall be presumed on the basis of the certified copy of the relevant entry in the log book or other official record of the vessel or aircraft which was used in connection with the detection of the offence.
- (2)Where any foreign vessel is found within any maritime zone of India and the fishing gear of such vessel is not stowed in the prescribed manner or fish is found on board such vessel, it shall be presumed, unless the contrary is proved, that the said vessel was used for fishing within that zone.
Summary
- The court will presume the location of a crime based on a certified copy of the log book or official record of the vessel or aircraft that detected the offence.
- If a foreign vessel is found in a maritime zone of India with its fishing gear not stowed correctly, the law presumes it was fishing there.
- If fish is found on board a foreign vessel in a maritime zone of India, the law presumes the vessel was fishing in that zone.
- These presumptions hold true unless the accused person can prove the contrary.
Practical examples
FAQ
1. How does the court decide where the illegal fishing actually took place?
The court presumes the location based on a certified copy of the log book or official record from the vessel or aircraft that detected the crime.
2. What happens if a foreign boat is caught with fishing nets ready to use in Indian waters?
If the fishing gear is not stowed in the prescribed manner, the law presumes the boat was used for fishing in that zone.
3. Is finding fish on the boat enough to get in trouble?
Yes, if fish is found on board while in a maritime zone of India, the law presumes the vessel was fishing there unless the crew can prove otherwise.
4. Can a foreign vessel fight these presumptions?
Yes, the presumptions apply only unless the contrary is proved by the accused.
Test yourself
Q1.Under Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what document is used to presume the place where an offence was committed?
Q2.Under Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what is presumed if a foreign vessel's fishing gear is not stowed in the prescribed manner while in an Indian maritime zone?
Q3.Under Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what physical evidence found on board a foreign vessel automatically triggers the presumption that it was fishing in the maritime zone?
Q4.Under Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, are the presumptions about fishing absolute and final?
Q5.Under Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, how does the requirement that gear be "stowed in the prescribed manner" affect a foreign vessel simply passing through?
Q6.Under Section 22 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, whose log book or official record is used to establish the place of the offence?