Amid mounting criticism over the government’s delay in taking legal action against the ship wreck, Kerala coastal police have registered a case in connection with the sinking of the Liberia-flagged container ship MSC Elsa 3 off Kerala coast last month.

The owner of the shipping company has been arraigned as the first accused and the ship master as the second accused. The crew members are also named in the case.

The incident occurred on May 25 while the ship was sailing from Vizhinjam Port to Kochi Port.

The case was registered following a complaint by the leader of a fishermen’s union who demanded adequate compensation for the fisher-folk and coastal residents impacted by the ship wreck.

The case has been registered under sections 282 (rash navigation of ship), 285 (danger or obstruction in public ways or lines of navigation), 286 (negligent conduct invovling poisonous substances), 287 (negligent conduct with respect to fire or combustible matter) and 288 (rash or negligent action, endangers human life or cause harm by using explosive substances) and 3 (5) (criminal act is done by several people in furtherance of a shared common intention) of the Bhartiya Nyaya Sanhita. including charges related to negligent handling of machinery and hazardous substances. These offences can carry fines up to Rs10,000 or six months imprisonment. It was pointed out in the complaint the ship was operated in a reckless manner despite carrying highly flammable materials.

Government response

Joy Thattil, a maritime lawyer in Kochi pointed out that the government response was merely symbolic as the consequences of these actions are minimal compared to the extensive damage caused to life, property, and the environment. There are more stringent sections of the BNS Act that could be applied considering fire, toxic emissions, and potential environmental devastation threatening life and property.

More stringent provisions, such as Section 327 of the BNS Act, should be considered to ensure that responses are proportionate to the damages caused. Section 327 addresses acts of mischief that are intended to destroy or jeopardise deck vessels, with penalties of up to 10 years’ imprisonment. These provisions better reflect the seriousness of incidents involving hazardous cargo that have created widespread risks. Implementing them would promote greater accountability and deterrence, which is necessary given the leniency of the actions currently taken by the government, he said.

Published on June 11, 2025