Marine Casualty Investigation process in India
1. Marine Casualty Definitions
Understanding the scope of investigation under the IMO Casualty Investigation Code.
Marine Casualty
An event, or a sequence of events, that has resulted in any of the following which has occurred directly in connection with the operations of a ship:
- Death or serious injury to a person.
- Loss of a person from a ship.
- Loss, presumed loss, or abandonment of a ship.
- Material damage to ship or environment.
Very Serious Casualty
A specific subset requiring mandatory investigation under the Code.
- Total Loss of the Ship
- Death of a Person
- Severe Pollution
Note: Investigations are "No-Blame" processes focused solely on safety improvement.
Casualty Severity Distribution (Example)
2. Legal Framework
The dual authority governing investigations: International Obligations vs. Domestic Law (M.S. Act 1958).
Casualty Investigation Code
Mandatory under SOLAS. Sets the global standard for conducting marine safety investigations.
SOLAS Reg I/21
Obligates administrations to conduct an investigation of any casualty occurring to any of its ships when it judges that such an investigation may assist in determining what changes in the present regulations might be desirable.
MARPOL & Load Line
MARPOL Art 8 & 12: Requires reporting and investigation of incidents involving harmful substances.
Load Line Art 23: Similar investigation requirements for load line related casualties.
UNCLOS Article 94(7)
Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury.
Part XII of M.S. Act 1958 deals specifically with "Investigations and Inquiries".
Obligation to Report
Requires the Master, Pilot, or Person in Charge to report a shipping casualty to the proper officer (MMD/DG Shipping) within 24 hours. This applies to Indian ships anywhere and foreign ships in Indian waters.
Preliminary Inquiry (PI)
The Central Govt appoints an officer/surveyor to hold a PI. Purpose is to establish basic facts and determine if a Formal Investigation is needed.
Powers of PI Officer
Powers to board the vessel, inspect machinery/equipment, summon persons/witnesses, and demand production of logs/documents. Valid for foreign ships in Indian jurisdiction.
Formal Investigation
If PI suggests serious negligence or complex issues, a Judicial Magistrate (First Class) is empowered to hold a Formal Investigation, assisted by Assessors (Experts) under Section 365.
3. Inquiries on Foreign Ships
How the Indian Administration (Coastal State) handles casualties involving foreign flags visiting its ports.
Jurisdiction Established
Indian laws apply if the casualty occurs within Territorial Waters (12 NM). If on High Seas but involving Indian interests, India becomes a "Substantially Interested State".
Jurisdiction Established
Casualty in Territorial Waters or Indian Interests involved.
MMD Surveyor boards vessel under Section 360 Powers.
Flag State Notification
Flag State Notification
India notifies the ship's Flag State administration immediately. Agreement is reached on who will be the "Lead Investigating State".
Usually, for port incidents, India leads. Flag State surveyor is invited to participate in the inquiry.
Evidence Collection (VDR)
Crucial phase where VDR data is downloaded, crew interviewed (with legal rep if needed), and physical damage assessed.
Section 359/360 allows detention of documents but not indefinite detention of the ship unless it is unseaworthy.
Draft Report Consultation
Before finalization, the Draft MSI Report is sent to the Flag State and Substantially Interested States for comments (usually 30 days).
4. MSI Report & IMO Relay
The structure of the final output and its submission to the Global Integrated Shipping Information System (GISIS).
Structure of MSI Report
- Ship particulars and Crew details.
- Environmental conditions (Weather, Tide).
- Navigation details leading up to the event.
- Evidence from VDR, Logbooks, and Interviews.
Human Factors: Fatigue, Training, Communication.
Technical: Machinery failure, Maintenance.
Organizational: SMS failures, Shore support.
Recommendations: Specific actions addressed to the Company, Administration, or IMO to prevent recurrence. (Not for apportioning blame).
GISIS Submission
Once the investigation is complete, the Member State (India) is obliged to submit the data to the IMO via the Global Integrated Shipping Information System (GISIS).
