CourtMesh

Section 177: Liability of ship owner.

The Merchant Shipping Act, 2025Central Act · Act 24 of 2025

(1) Save as otherwise provided in sub-sections (2) and (3), the ship owner shall be liable for any pollution damage caused by the ship as a result of the incident and where the incident consists of a series of occurrences, from the time of the first of such occurrences.

(2) No liability for pollution damage shall be attached to the ship owner, if he proves that the pollution damage,---

(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 an act or omission done with 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.

(3) Where the ship owner proves that the pollution damage resulted either wholly or partially from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the ship owner may be exonerated wholly or partially from his liability to such person.

(4) No claim for compensation for pollution damage may be made against the ship owner otherwise than in accordance with the provisions of this Chapter.

(5) Subject to sub-section (6), no claim for compensation for pollution damage under this Chapter or otherwise may be made against,---

(a) the servants or agents of the ship owner or the seafarers;

(b) the pilot or any other person who, not being a seafarer, performs services for the ship;

(c) any charterer (howsoever described including a bareboat charterer), manager or operator of the ship;

(d) any person performing salvage operations with the consent of the ship owner or on the instructions of a competent public authority;

(e) any person taking preventive measures;

(f) any servant or agent of persons mentioned in clauses (c), (d) and (e),

unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or committed recklessly and with knowledge that such damage is likely to result.

(6) Nothing in this Chapter shall prejudice any right of recourse of the ship owner against third parties.

Where this provision sits

ActThe Merchant Shipping Act, 2025
Section177
Marginal noteLiability of ship owner.
JurisdictionCentral
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Merchant Shipping Act, 2025 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.