FROM THE DECK TO THE DOCK’ – ACHIEVING LEGAL FINISH UNDER INDIA’S MARITIME ANTI-PIRACY ACT, 2022

Cdr Anup Padman P*

Legal finish in maritime security represents the complete process of converting maritime law enforcement actions into enforceable judicial outcomes. This paper examines the concept of Legal finish under India’s Maritime Anti-Piracy Act, 2022 (MAPA). Drawing on lessons from Somali piracy prosecutions as well as from cases like MV Alondra Rainbow and Prantalay 14, the paper analyses MAPA’s provisions on jurisdiction, powers of search, punishment, immunity, presumption of guilt, bail, and extradition. MAPA marks India’s alignment with UNCLOS obligations. The Act addresses critical deficiencies such as extraterritorial jurisdiction over foreign nationals and evidentiary challenges on the high seas, while introducing presumptions of guilt and stringent penalties to deter piracy. Despite robust punitive frameworks, gaps persist in witness protection, training, and regional cooperation. The analysis critiques potential issues, including the constitutional validity of the death penalty and risks of overbroad immunity, balanced against operational necessities. The paper advocates interagency coordination, comprehensive training programs at maritime universities and judicial academies, enhanced evidence gathering with digital tools, expanded witness protection through MLATs and video testimony, and international mechanisms like joint investigation teams, to achieve an effective legal finish. These measures aim to integrate naval operations with judicial processes, thereby ensuring a legal finish in anti-piracy operations.

Keywords: Legal finish, Maritime piracy, MAPA 2022, UNCLOS, Law enforcement, Piracy prosecution, Witness protection, Training

*Directing Staff, Maritime Warfare Centre (Kochi), Indian Navy; kazakmustang@gmail.com
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