Foreign State Owned and Publicly Owned Vessel
- 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: 6102-1001