Section 104
Facilities for proving desertion in proceedings for forfeiture of wages.
The Merchant Shipping Act, 2025
About this Act
An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto.
(1) Whenever a question arises whether the wages of any seafarer are forfeited for desertion from a vessel, it shall be sufficient for the person insisting on the forfeiture to show that the seafarer was duly engaged in or belonged to the vessel, and either that he left the vessel before the completion of the voyage or engagement or, if the voyage was to terminate in India and the vessel has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official logbook.
(2) The desertion shall thereupon, so far as relate to any forfeiture of wages under this Part, be deemed to be proved, unless the seafarer produces a proper certificate of discharge or otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his vessel.
(2) The desertion shall thereupon, so far as relate to any forfeiture of wages under this Part, be deemed to be proved, unless the seafarer produces a proper certificate of discharge or otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his vessel.