Section 127
Unseaworthy vessel not to be sent to sea.
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) Every person who sends or attempts to send a vessel to sea which is unseaworthy, unless he proves that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable, shall be liable to penalty under this sub-section.
(2) Every master of a vessel who knowingly takes or attempts to take a vessel to sea which is unseaworthy, unless he proves that her going to sea in such unseaworthy state was under the circumstances, reasonable and justifiable, shall be liable to penalty under this sub-section.
(3) For the purpose of giving proof under sub-sections (1) and (2), every person charged under this section may give evidence in the same manner as any other witness.
(2) Every master of a vessel who knowingly takes or attempts to take a vessel to sea which is unseaworthy, unless he proves that her going to sea in such unseaworthy state was under the circumstances, reasonable and justifiable, shall be liable to penalty under this sub-section.
(3) For the purpose of giving proof under sub-sections (1) and (2), every person charged under this section may give evidence in the same manner as any other witness.