Section 177
Liability of ship owner.
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) Save as otherwise provided in sub-sections (2) and (3), the ship owner shall be liable for any pollution damage caused by the ship as a result of the incident and where the incident consists of a series of occurrences, from the time of the first of such occurrences.
(2) No liability for pollution damage shall be attached to the ship owner, if he proves that the pollution damage,—
(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or
(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
(3) Where the ship owner proves that the pollution damage resulted either wholly or partially from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the ship owner may be exonerated wholly or partially from his liability to such person.
(4) No claim for compensation for pollution damage may be made against the ship owner otherwise than in accordance with the provisions of this Chapter.
(5) Subject to sub-section (6), no claim for compensation for pollution damage under this Chapter or otherwise may be made against,—
(a) the servants or agents of the ship owner or the seafarers;
(b) the pilot or any other person who, not being a seafarer, performs services for the ship;
(c) any charterer (howsoever described including a bareboat charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent of the ship owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f) any servant or agent of persons mentioned in clauses (c), (d) and (e), unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or committed recklessly and with knowledge that such damage is likely to result.
(6) Nothing in this Chapter shall prejudice any right of recourse of the ship owner against third parties.
(2) No liability for pollution damage shall be attached to the ship owner, if he proves that the pollution damage,—
(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or
(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
(3) Where the ship owner proves that the pollution damage resulted either wholly or partially from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the ship owner may be exonerated wholly or partially from his liability to such person.
(4) No claim for compensation for pollution damage may be made against the ship owner otherwise than in accordance with the provisions of this Chapter.
(5) Subject to sub-section (6), no claim for compensation for pollution damage under this Chapter or otherwise may be made against,—
(a) the servants or agents of the ship owner or the seafarers;
(b) the pilot or any other person who, not being a seafarer, performs services for the ship;
(c) any charterer (howsoever described including a bareboat charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent of the ship owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f) any servant or agent of persons mentioned in clauses (c), (d) and (e), unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or committed recklessly and with knowledge that such damage is likely to result.
(6) Nothing in this Chapter shall prejudice any right of recourse of the ship owner against third parties.