Chapter 30

Tenth Edition (2017)

Publicly Owned Ship

If the ship belongs to Government of Foreign State, in that event consent of the Central Government in India would be required to proceed against the vessel and its owners. Action in rem against the Government of India in respect of claims against the Government or arrest, detention or sale of ships or cargo or other property belonging to the Government unless notice under section 80 (1) of the Code of Civil Procedure is complied with. State-owned vessels serving commercial purposes are subject to the same rules as private vessels and therefore do not enjoy immunity. On the other hand, state-owned vessels serving public purposes (Navy, etc.) enjoy immunity from arrest.
BCAS: 7103-1001