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The Territorial Waters and Maritime Zones Act, 1974

( ACT NO. XXVI OF 1974 )

Suppression of piracy, armed robbery, theft and maritime terrorism at sea

1[9.  The Government shall take appropriate measures for the suppression of piracy, armed robbery, theft and maritime terrorism at sea occurring in the ship navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the Territorial Sea and Internal Waters, or the lateral limits of Territorial Sea with adjacent States or in the territory of Bangladesh including its EEZ.

Explanation.- For the purpose of this section,-

(a) “Piracy” means any of the following acts-

(i) any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passenger of a private ship or a private aircraft, and directed on the EEZ and High Seas beyond 200 NM, against another ship or aircraft, or against persons or property on board such ship or aircraft; or against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(ii)  any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts, making it a pirate ship or aircraft;

(iii)  any act of inciting or of intentionally facilitating an act described in clauses (i) and (ii);

(iv) any act which is deemed piratical under the customary international laws.

(b) “Armed robbery” means any of the following acts-

(i) any illegal act of violence or detention, or any act of depredation, committed for private ends and directed against a ship, or against persons or property on board such ship, in a place within the Internal Waters, Territorial Sea over such offences;

(ii) any act of voluntary participation in the operation of a ship with knowledge of facts of making it a ship for armed robbery;

(iii) any act of inciting or of intentionally facilitating an act described in the clauses (i) and (ii).

(c) “Theft” means whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, without being armed and harming crew of the vessel, moves that property from vessel, ship or boat within the Internal Waters and Territorial Sea.

(d) “Maritime terrorism at sea” refers to if any person unlawfully and intentionally-

(i)  seizes or exercises control over a ship by force or threat thereof or any other form of intimidation;

(ii) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship;

(iii) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship;

(iv) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship;

(v) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship;

(vi) communicates information which he knows to be false, thereby endangering the safe navigation of a ship;

(vii) injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in sub-sections above; or

(viii) abets the commission of any of the offences set forth perpetrated by any person or is otherwise an accomplice of a person who commits such an offence or threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in, if that threat is likely to endanger the safe navigation of the ship in question.]


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