Section 3 of NAPA : Section 3: Establishment Of Prize Courts

Explanation using Example

Imagine that during a maritime conflict, the Indian Navy captures a foreign vessel suspected of carrying contraband goods or engaging in activities contrary to Indian interests. To adjudicate the legality of the capture and determine the disposition of the vessel and its cargo, the Central Government, under Section 3(1) of The Naval and Aircraft Prize Act, 1971, issues a notification in the Official Gazette to establish a Prize Court with jurisdiction over the area where the vessel was captured.

According to Section 3(2), the government appoints a retired High Court Judge, who is a citizen of India, as the sole member of this Prize Court, ensuring that the individual meets the qualifications outlined in Section 3(3).

The conditions of service, including the tenure, remuneration, and benefits of the appointed member, are determined by the Central Government as per Section 3(4), and further details are provided in an official order, taking into account the provisions of section 18 of the Act.