Section 243
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) The registered ship owner shall be liable for the costs of locating, marking and removing the wreck under this Chapter unless he proves that the maritime casualty which caused the wreck—
(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 act or omission done with an 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.
(2) Nothing contained in this Chapter shall—
(a) affect the right of the registered ship owner to limit his liability in accordance with the provisions of section 162; or
(b) prejudice any right of recourse available to the registered ship owner against third parties.
(3) Notwithstanding anything contained in this section, the registered ship owner shall not be liable for any cost, if, and to the extent that liability or such costs is in conflict with—
(a) any other provisions of this Act;
(b) the provisions of the Civil Liability for Nuclear Damage Act, 2010 (38 of 2010); or
(c) any other international legal instrument to which India is a party.
(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 act or omission done with an 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.
(2) Nothing contained in this Chapter shall—
(a) affect the right of the registered ship owner to limit his liability in accordance with the provisions of section 162; or
(b) prejudice any right of recourse available to the registered ship owner against third parties.
(3) Notwithstanding anything contained in this section, the registered ship owner shall not be liable for any cost, if, and to the extent that liability or such costs is in conflict with—
(a) any other provisions of this Act;
(b) the provisions of the Civil Liability for Nuclear Damage Act, 2010 (38 of 2010); or
(c) any other international legal instrument to which India is a party.