MISCELLANEOUSCentral

Section 9 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002

(1)The offences under section 3shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by India with Convention States or Protocol States and which extend to, and are binding on, India on the date of commencement of this Act.
(2)For the purposes of the application of the Extradition Act, 1962(34 of 1962) to offences under this Act, any ship registered in a Convention State or Protocol State shall, at any time while that ship is plying, be deemed to be within the jurisdiction of that Convention State or Protocol State, whether or not it is for the time being also within the jurisdiction of any other country.

Summary

Any offense under Section 3 of this Act is deemed (legally treated) as an extraditable offense (an offense for which a person can be sent to another country for trial).
These offenses are automatically considered to be included in all current extradition treaties between India and any Convention or Protocol States.
This automatic inclusion applies to all treaties that extend to and are binding on India on the date this Act begins.
Under the Extradition Act, 1962, a ship registered in a Convention or Protocol State is treated as being within that State's jurisdiction while it is plying (sailing).
This jurisdiction rule for a sailing ship applies even if the ship is also within the territory or jurisdiction of any other country at that moment.

Practical examples

1On March 12, 2026, a sailor named Jean from France, which is a Convention State, is accused of committing an offense under Section 3 on a vessel. Since Section 3 offenses are deemed extraditable, India can use its existing treaty with France to extradite Jean to face trial, even if the original treaty text did not mention this specific 2002 Act.

2On June 22, 2026, an Italian-registered ship is sailing through the coastal waters of another country. Under this law, for the purposes of the Extradition Act, 1962, the ship is legally deemed to be within Italy's jurisdiction during its journey, allowing extradition processes to proceed under that basis.

FAQ

1. What does extraditable offense mean in this section?

It means an offense for which an accused person can be legally handed over by India to another country, or vice versa, to face trial or punishment under an extradition treaty.

2. Do existing treaties need to be renegotiated to include these marine offenses?

No, this section automatically deems these offenses to be included in all existing extradition treaties that India has with Convention or Protocol States.

3. Does a ship's physical location affect its jurisdiction under the Extradition Act, 1962?

While a ship is sailing, it is deemed to be within the jurisdiction of the country where it is registered, even if it is physically inside the waters or jurisdiction of another country.

4. Which Indian law is used to handle extradition cases under this section?

The Extradition Act, 1962, is the specific law used to apply these rules.

Test yourself

Q1.Which section's offenses are deemed to be included as extraditable offenses in India's treaties under Section 9?

Q2.With which states must India have treaties for these offenses to be automatically deemed extraditable under Section 9?

Q3.When must the extradition treaties have been binding on India for this automatic inclusion to apply?

Q4.Which Indian law is specified for applying extradition rules to offenses under this Act?

Q5.Under Section 9, when is a registered ship deemed to be within the jurisdiction of its registering Convention or Protocol State?

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