Arresting a ship is one of the fastest ways to obtain security for an unpaid maritime claim. Owners of cargo, crew members, bunker suppliers, repairers, port service providers and charterers all use it. Since 1 April 2018, ship arrest in India has been governed by the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017.

What the Admiralty Act 2017 changed

The Act repealed colonial laws, including the Admiralty Court Act 1861 and the Colonial Courts of Admiralty Act 1890, and consolidated the law. Admiralty jurisdiction is vested in the High Courts of coastal jurisdictions: Calcutta, Bombay, Madras, Karnataka, Gujarat, Orissa, Kerala and the High Court for Telangana (formerly Hyderabad), exercisable up to the territorial waters of their respective areas.

Maritime claims and liens

Section 4 lists the maritime claims that can found an admiralty action, drawing on the International Convention on Arrest of Ships, 1999. These include claims for loss or damage caused by operation of a ship, salvage, towage, pilotage, goods or services supplied to a ship, disputes over ownership or charterparty, bills of lading claims, crew wages and ship mortgages. The Act also, for the first time by statute, defines a maritime lien and fixes the priority of claims; a lien is extinguished after one year unless the vessel is arrested within that period.

Arrest in practice

• Under Section 5 the High Court may order arrest of a vessel within its jurisdiction to provide security for a maritime claim.
• Arrest is typically sought by an admiralty suit with an urgent application, supported by documents and often an undertaking in damages.
• The shipowner can seek release by furnishing adequate security, commonly a bank guarantee or P&I club letter of undertaking.
• Unsatisfied claims can result in judicial sale of the vessel, with proceeds distributed by priority.

The Courts have increasingly used the Act in public interest and environmental settings. In 2025 the Kerala High Court ordered conditional arrest of the container ship MSC Akiteta II in a suit filed by the State of Kerala for maritime claims linked to environmental damage, as widely reported.

Why Kolkata matters

The Calcutta High Court has admiralty jurisdiction, and vessels calling at Kolkata and Haldia fall within it. Claimants and owners should act within hours, not days, as ships sail quickly.

Admiralty and international law

Not every ship dispute is private. The 2012 Enrica Lexie incident off the Kerala coast went to a tribunal under Annex VII of UNCLOS administered by the Permanent Court of Arbitration, which in 2020 held that the Italian marines enjoyed immunity while also finding Italy liable to compensate India.

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This article is for general information only and is not legal advice. Law and procedure change; please verify the current position for your specific case. Last reviewed: November 2026.