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Section 23 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981

(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 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.

Summary

The law protects individuals from lawsuits, prosecutions, or legal proceedings if they act in good faith under this Act.
Actions that are intended to be done in good faith under the rules of this Act are also fully protected.
The Government is protected from any legal claims for damages caused by actions taken in good faith.
This ensures officers and the state can enforce the fishing laws without fear of being personally sued, as long as their intentions are honest and lawful.

Practical examples

1In May 2024, Officer Sharma mistakenly detains a foreign vessel because his radar malfunctioned, genuinely believing they were fishing illegally. The owners try to sue him personally for lost time. The court throws out the lawsuit because Officer Sharma acted in good faith intending to enforce the Act.

2During a lawful seizure of an illegal fishing boat in November 2025, the Government uses a crane to move the boat, accidentally causing minor damage to the boat's hull. The foreign owner sues the Government for the damage. The court dismisses the claim because the Government was carrying out the Act in good faith when the damage occurred.

FAQ

1. Can I sue an officer if they mistakenly, but honestly, arrest me under this law?

No, no suit or prosecution can be filed against any person for anything done or intended to be done in good faith under this Act.

2. What if the Government damages my boat while lawfully seizing it?

No legal proceeding lies against the Government for any damage caused while acting in good faith under this Act.

3. Does this protection apply if an officer acts with malicious intent?

The protection specifically requires the action to be done or intended to be done in "good faith," meaning malicious actions are not protected.

Test yourself

Q1.Under Section 23 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, what is the primary condition for a person to be protected from legal proceedings?

Q2.Under Section 23 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, who is protected from legal proceedings regarding damage caused?

Q3.Under Section 23 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, does the protection apply only to actions already completed?

Q4.Under Section 23 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, can a foreign owner sue the Government for likely future damage caused by an action taken in good faith?

Q5.Under Section 23 of The Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act, 1981, which of the following is blocked against a person acting in good faith?

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