Bhairava
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It was within our EEZ.
And the 'effects' of that extend to the coastal state. So we are within the UNCLOS to prosecute the Italians as per our law.
Section 188 -The Code of Criminal Procedure, 1973 (CrPc)
And the 'effects' of that extend to the coastal state. So we are within the UNCLOS to prosecute the Italians as per our law.
Article27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
UNCLOS and Agreement on Part XI - Preamble and frame index
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
Section 188 -The Code of Criminal Procedure, 1973 (CrPc)
When an offence is committed outside India-
(a) By a citizen of India, whether on the high seas or elsewhere; or
(b) By a person, not being such citizen, on any ship or aircraft registered in India.
He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:
Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.