Section 53A of The Indian Ports Act, 2025: Compounding of certain offences.
About this Act
An Act to consolidate the law relating to ports, promote integrated port development, facilitate ease of doing business and ensure the optimum utilisation of India's coastline; establish and empower State Maritime Boards for effective management of ports other than major ports; establish the Maritime State Development Council for fostering structured growth and development of the port sector; provide for the management of pollution, disaster, emergencies, security, safety, navigation, and data at ports; ensure compliance with India's obligations under international instruments to which it is a party; take measures for the conservation of ports; provide for adjudicatory mechanisms for the redressal of port-related disputes; and address matters connected therewith or incidental thereto.
(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the offences under sub-section (3) of section 29, section 30 and section 31, which are punishable to the extent of punishment specified in the First Schedule under sub-section (2) of section 53 of this Act may, before or after the institution of prosecution, be compounded by the conservator on payment for credit to the appropriate Government of such sum and in such manner as may be notified by the appropriate Government:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offences so compounded:
Provided further that in case of second and subsequent offence, the same shall not be compounded.
(2) The officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate Government.
(3) Every application for the compounding of an offence shall be made in such form and manner as may be notified by the appropriate Government.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted against the offender in relation to whom the offence is so compounded.
(5) Where the compounding of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1), in writing, to the notice of the court in which the prosecution is pending and on such notice for compounding the offence being given, the person against whom the offence is so compounded shall be discharged.
(6) Any person who fails to comply with an order of compounding made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to fine provided for the said offence.
(7) No offence punishable under this Act shall be compounded except in accordance with the provisions of this section.
TABLE THE FIRST SCHEDULE [See section 53A(1)] Punishment for certain offences
Serial No. | Offences | Section to which offence is referred | Punishment
(1) | (2) | (3) | (4)
1. | If any port commences or carries on operations in contravention of section 10. | 10 | Fine which may extend to one lakh rupees and in addition, a fine which may extend to ten thousand rupees for every day during which the offence continues after conviction.
2. | If any master of a vessel fails to permit warps or hawsers to be made fast or let go of any warps or hawsers in contravention of section 27. | 27 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
3. | If master omits to take order to extinguish the fire or obstructs the conservator or any person in extinguishing or attempting to extinguish the fire, in contravention of section 28. | 28 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
4. | If any person does or omits to do any act relating to safety of vessels in contravention of sub-section (1) of section 29. | 29(1) | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
5. | If the master of the vessel causes or suffer any warp or hawser attached to his vessel to be left out in any port in contravention of sub-section (2) of section 29. | 29(2) | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
6. | If any person commits any act in contravention of sub-section (3) of section 29. | 29(3) | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
7. | If any unauthorised person searches for lost stores in contravention of section 30. | 30 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
8. | If any person injures any bank or shore in contravention of section 31. | 31 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
9. | If any port fails to obtain prior clearance in contravention of section 71. | 71 | Fine which may extend to fifty thousand rupees.
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offences so compounded:
Provided further that in case of second and subsequent offence, the same shall not be compounded.
(2) The officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate Government.
(3) Every application for the compounding of an offence shall be made in such form and manner as may be notified by the appropriate Government.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted against the offender in relation to whom the offence is so compounded.
(5) Where the compounding of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1), in writing, to the notice of the court in which the prosecution is pending and on such notice for compounding the offence being given, the person against whom the offence is so compounded shall be discharged.
(6) Any person who fails to comply with an order of compounding made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to fine provided for the said offence.
(7) No offence punishable under this Act shall be compounded except in accordance with the provisions of this section.
TABLE THE FIRST SCHEDULE [See section 53A(1)] Punishment for certain offences
Serial No. | Offences | Section to which offence is referred | Punishment
(1) | (2) | (3) | (4)
1. | If any port commences or carries on operations in contravention of section 10. | 10 | Fine which may extend to one lakh rupees and in addition, a fine which may extend to ten thousand rupees for every day during which the offence continues after conviction.
2. | If any master of a vessel fails to permit warps or hawsers to be made fast or let go of any warps or hawsers in contravention of section 27. | 27 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
3. | If master omits to take order to extinguish the fire or obstructs the conservator or any person in extinguishing or attempting to extinguish the fire, in contravention of section 28. | 28 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
4. | If any person does or omits to do any act relating to safety of vessels in contravention of sub-section (1) of section 29. | 29(1) | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
5. | If the master of the vessel causes or suffer any warp or hawser attached to his vessel to be left out in any port in contravention of sub-section (2) of section 29. | 29(2) | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
6. | If any person commits any act in contravention of sub-section (3) of section 29. | 29(3) | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
7. | If any unauthorised person searches for lost stores in contravention of section 30. | 30 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
8. | If any person injures any bank or shore in contravention of section 31. | 31 | Imprisonment which may extend to six months or fine which may extend to one lakh rupees or both.
9. | If any port fails to obtain prior clearance in contravention of section 71. | 71 | Fine which may extend to fifty thousand rupees.
Notes
1. Ins. by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and the Schedule (w.e.f. 1-7-2026, vide S.O. 3270(E), dated 20-6-2026).
2. The form and manner of application, the sum payable and the manner of payment were notified by S.O. 3445(E), dated 25th June, 2026 (w.e.f. 1-7-2026).
3. The First Schedule and the Second Schedule subs. by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and the Schedule (w.e.f. 1-7-2026, vide S.O. 3270(E), dated 20-6-2026).
2. The form and manner of application, the sum payable and the manner of payment were notified by S.O. 3445(E), dated 25th June, 2026 (w.e.f. 1-7-2026).
3. The First Schedule and the Second Schedule subs. by the Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026), s. 2 and the Schedule (w.e.f. 1-7-2026, vide S.O. 3270(E), dated 20-6-2026).