Background

The Carriage of Goods by Sea Act, 1925 was based on the Hague Rules and had not kept pace with developments in global shipping. The 2025 Act updates Indian law to reflect the Hague–Visby Rules and certain provisions from the Hamburg Rules, ensuring consistency with international maritime transport standards and addressing multimodal transport realities. ^[3]

Timeline

• 28 March 2025: The Carriage of Goods by Sea Act, 2025 was passed by Lok Sabha. ^[4]
• 6 August 2025: The Carriage of Goods by Sea Act, 2025 was passed by Rajya Sabha. ^[2]

Scope and Application

The Act applies to contracts for the carriage of goods by sea under bills of lading or similar documents of title, covering both import and export shipments from Indian ports.

Carrier Responsibilities

Carriers must exercise due diligence to make the ship seaworthy, properly manned, equipped, and supplied; and to carefully handle, load, stow, carry, keep, care for, and discharge the goods carried.

Shipper Responsibilities

Shippers must ensure the accuracy of cargo descriptions, markings, and quantities, and indemnify carriers for losses arising from misdeclaration.

Liability and Limitation

The Act updates liability limits in line with the Hague–Visby Rules, prescribes timelines for notice of loss or damage, and defines exceptions to liability.

Jurisdiction and Dispute Resolution

The Act provides that disputes may be resolved through Indian courts or arbitration as per contractual agreements, with jurisdiction clauses subject to Indian law.

Electronic Documentation

Recognises electronic bills of lading and related digital transport documents, facilitating paperless trade.