Admiralty & Maritime · Guide
The Admiralty Act, 2017, section by section
The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (Act 22 of 2017) has 18 sections in four chapters. It gives named High Courts jurisdiction over maritime claims against vessels, lets them arrest and sell vessels, and ranks competing claims. The Act received assent on 9 August 2017 and has applied since 1 April 2018.3
- Jurisdiction sits in the High Courts named in section 2(1)(e), over waters up to and including territorial waters (section 3).
- Section 4(1) lists 23 heads of maritime claim. Section 5 governs arrest.
- Five maritime liens are ranked in section 9(1); competing claims are ranked in section 10.
- An appeal from a single judge goes to a Division Bench (section 14).
- Until the Centre makes rules, each High Court’s own admiralty rules apply (section 16(3)).
The 18 sections
| Section | Subject | What it provides |
|---|---|---|
| 1 | Short title, application, commencement | Applies to every vessel irrespective of the owner’s residence or domicile. Excludes inland vessels, unlaunched vessels the Centre has not notified, warships and naval auxiliaries, government vessels used for non-commercial purposes, and notified foreign non-commercial vessels. Commences on a date the Centre appoints. |
| 2 | Definitions | Defines arrest, goods, High Court, maritime claim, maritime lien, port, territorial waters and vessel. Words not defined take their meaning from the Merchant Shipping Act, 1958. |
| 3 | Admiralty jurisdiction | Jurisdiction over maritime claims vests in the High Courts and is exercisable over waters up to and including territorial waters. The Centre may extend it to the limit set by the 1976 Act.2 |
| 4 | Maritime claim | Lists 23 heads of claim, (a) to (w). The court may settle accounts between the parties, order a sale, and decide title to the proceeds. An arrested vessel or its sale proceeds are held as security pending the final outcome. |
| 5 | Arrest of vessel in rem | The court may arrest a vessel within its jurisdiction as security for a maritime claim where it has reason to believe one of five conditions is met. It may also arrest another vessel in place of the one the claim lies against, except for an ownership or possession claim. |
| 6 | Admiralty jurisdiction in personam | The court may hear the claims in section 4(1)(a) to (w) by action in personam, subject to section 7. |
| 7 | Restrictions on actions in personam | For collision-type claims, the court acts only if the cause of action arises wholly or partly in India, or the defendant lives, does business or works for gain here. It will not proceed while the plaintiff’s earlier foreign proceedings against the same defendant over the same incident are pending. Submission to the court lifts that bar. |
| 8 | Vesting of rights on sale | A vessel sold by the High Court vests in the purchaser free of encumbrances, liens, attachments and registered mortgages. |
| 9 | Inter se priority on maritime lien | Five classes of lien, in order. A lien follows the vessel through changes of ownership, registration and flag. It lapses after one year (two for crew wages) unless the vessel is arrested and a forced sale follows. |
| 10 | Order of priority of maritime claims | Lien-secured claims first, then registered mortgages, then all other claims. Claims in one category rank equally; salvage claims rank in inverse order of time. |
| 11 | Protection of owner and crew | The court can make the claimant give an undertaking to pay damages, or security, for wrongful arrest or excessive security. Security can be reduced or cancelled on application. If the owner abandons the vessel after arrest, the court auctions it within 45 days, extendable by 30. |
| 12 | Code of Civil Procedure | Applies to admiralty proceedings so far as it is not inconsistent with the Act or its rules. |
| 13 | Assessors | The Centre appoints a list of assessors by notification. Their appointment does not bar expert witnesses. |
| 14 | Appeal | An appeal lies from any judgment, decree, final order or interim order of a single judge to a Division Bench. |
| 15 | Transfer of proceedings | The Supreme Court may transfer an admiralty proceeding from one High Court to another on a party’s application, after hearing the parties. |
| 16 | Power to make rules | The Centre may make rules on assessors and on practice and procedure, including fees and costs. Until it does, the rules in force in each High Court apply. |
| 17 | Repeal and savings | Ends the application in India of the Admiralty Court Acts of 1840 and 1861, the Colonial Courts of Admiralty Acts of 1890 and 1891, and the Letters Patent 1865 provisions on admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts. Pending proceedings continue under this Act. |
| 18 | Removal of difficulties | The Centre could make an order to remove difficulties, within three years of commencement. |
Points that matter in practice
- Arrest is not only security before judgment. Section 2(1)(c) defines arrest to include seizure of a vessel in execution or satisfaction of a judgment or order.
- The word vessel is wide. Section 2(1)(l) covers ships, boats, barges, lighters, hovercraft, offshore mobile units, and vessels that have sunk, stranded or been abandoned, with their remains. A vessel broken up so far that it cannot navigate, as certified by a surveyor, is outside it.
- A claim is not a lien. Section 4(1) lists 23 heads of claim; section 9(1) makes only five of them liens. The difference decides priority and survival through a sale. See our guide to maritime claims, liens and priorities.
- Protection runs both ways. An arrested vessel or its sale proceeds stand as security for the claim (section 4(4)), while section 11(1) lets the court make the claimant answerable for wrongful or excessive arrest.
- Liens fade fast. One year, or two for crew wages, unless arrest leads to a forced sale (section 9(2)).
- A court sale gives clean title. The purchaser takes free of encumbrances (section 8).
- Procedure sits in each court’s own rules. Reported orders cite, for example, the Kerala High Court Admiralty (Jurisdiction and Settlement of Maritime Claims) Rules, 2019.4
One open point
The Act as passed defines port by the Indian Ports Act, 1908 (section 2(1)(i)), takes undefined terms from the Merchant Shipping Act, 1958 (section 2(2)), and refers to sections of that Act in sections 4(1)(o) and 7(1)(iii). Parliament has since enacted the Indian Ports Act, 2025, in force from 1 April 2026, and the Merchant Shipping Act, 2025. We have not found a conforming amendment to the Admiralty Act and will report the position on this page once it is confirmed.
Questions
What is the Admiralty Act, 2017?
It is Act 22 of 2017, a statute of 18 sections that consolidates India’s admiralty law. It gives the High Courts jurisdiction over maritime claims against vessels and governs their arrest, detention and sale.
Which sections of the Act deal with arrest?
Section 2(1)(c) defines arrest, section 5 sets out when a vessel may be arrested, and section 11 lets the court require an undertaking or security from the claimant. Section 8 deals with the effect of a sale after arrest.
How many maritime claims does the Act list?
Twenty-three heads, lettered (a) to (w) in section 4(1).
What did the Act repeal?
Section 17 ends the application in India of the Admiralty Court Acts of 1840 and 1861, the Colonial Courts of Admiralty Act, 1890, the Colonial Courts of Admiralty (India) Act, 1891, and the Letters Patent 1865 provisions on admiralty jurisdiction of the Bombay, Calcutta and Madras High Courts.
Where is an appeal heard?
An appeal from a single judge’s judgment, decree, final order or interim order lies to a Division Bench of the High Court (section 14).
Sources
- The Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, Ministry of Law and Justice (statute text; every section reference on this page).
- Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (copy hosted by the United Nations).
- UK P&I Club note on the Act (commencement on 1 April 2018; reported, not taken from the gazette notification).
- Onmanorama report on the Kerala High Court’s arrest of MSC Palermo under Rule 19 of those Rules.
- Indian Ports Act, 2025, India Code (Act 27 of 2025; commenced 1 April 2026 by S.O. 1499(E) of 23 March 2026).
Related: Admiralty & Maritime Law · Maritime claims, liens and priorities · Ship arrest in India
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