Queer Criminal Justice of Indian Maritime Law
15 Pages Posted: 12 Sep 2016
Date Written: 2014
A Legal System is not a residue of fossil but is a living organism which grows through the judicial process and statutory enactments. The Indian legal system is wholly competent to deal with any dispute vis-à-vis any field of law and has in the 65 years history of republic resolved the complex issues very smoothly.
Recent Enrica Lexie incident have compelled the Indian judiciary, Jurist, Research Scholar and other altruistic person to turn the pages of Indian Maritime Jurisprudence. There are various pivotal questions that have emerged out of legal confabulation. Though, the issue of jurisdiction was famous catchphrase among the legal debate but when we contemplate and intrude upon this issue, it can be identified that the most pertinent question involved was so called alleged ambiguity of Indian Maritime Law.
This article is an attempt to highlight the consequences of Enrica Lexie Incident under the Admiralty Offences (Colonial) Act, 1849 which envisages extraterritorial operation and specifically deals with and empowers authorities to take legal action with respect to admiralty offences or offences committed upon the sea. An effort is taken to substantiate prosecution under the said act. The legal justification for non- applicability of IPC and CrPC is highlighted in order to draw an analogy with respect to an implication of Admiralty Offences (Colonial) Act, 1849 and SUA Act, 2002.
Keywords: Legal System, Maritime Jurisprudence, Enrica Lexie, Legal Action, Prosecution
JEL Classification: K14, K33
Suggested Citation: Suggested Citation