Section 13 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
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.
Summary
- This section applies when someone is being put on trial (prosecuted) for a crime listed under subsection (1) of Section 3 of this Act.
- It tells the Designated Court (the special court handling these cases) to automatically assume (presume) the accused person is guilty under certain conditions.
- The first condition is if weapons, ammunition, or explosives are found in the possession of the accused, and there is reason to believe similar weapons were used in the crime.
- The second condition is if there is proof that force, threats of force, or any other kind of intimidation (scaring people) was used against the crew or passengers.
- The third condition is if there is proof of a planned threat to use bombs, fire, weapons, or explosives, or to commit violence against the crew, passengers, or cargo on a ship or a fixed platform (a structure attached to the seabed, like an oil rig) on the Continental Shelf of India (the seabed area near the coast of India).
- If any of these conditions are proven, the court will assume the accused is guilty unless the accused can prove their innocence.
Practical examples
FAQ
1. What does the term presume mean under this section?
In this section, presume means the court must legally assume the accused person is guilty of the crime as soon as certain facts are proven, unless the accused can prove they are innocent.
2. Which specific offences does this presumption rule apply to?
This rule applies to prosecutions for any offence listed under subsection (1) of Section 3 of the Act, which includes crimes against ships, cargo, fixed platforms, and maritime navigation facilities.
3. What happens if the accused can prove they did not commit the crime?
The court will not convict them. The presumption only stands unless the contrary is proved, meaning the accused has the chance to show evidence of their innocence to defeat the assumption.
4. Does this rule apply to threats made against a fixed platform on India's Continental Shelf?
Yes, if there is evidence of an intended threat of using a bomb, fire, weapons, or explosives, or committing violence against the crew, passengers, or cargo on a fixed platform on India's Continental Shelf, the presumption of guilt will apply.
Test yourself
Q1.Under Section 13, which court is instructed to make a presumption of guilt if certain facts are proved?
Q2.Section 13 applies to prosecutions for offences under which specific part of the Act?
Q3.Which of the following is NOT a trigger for the court's presumption under Section 13?
Q4.If a presumption of guilt is made under Section 13, who has the burden to prove otherwise?
Q5.Where must a fixed platform be located for Section 13's threat-based presumption to apply?
Q6.What kind of evidence regarding crew or passengers can trigger the presumption under clause (b) of Section 13?