India has laid down its ambitious Maritime Indian Vision 2030 with a view to establish it as maritime hub. In the last decade only, the cargo handling has risen from 581 (in FY 2014-15) to 855 million tonnes in FY 2024-25. Average turnaround time has reduced to 48 hours, almost parallel to international standards. India’s 90% trade is through sea route but we are building just 2% of the ships The government has rightly overhauled several maritime legislations. However, for the sake of brevity, we will explore here the changes brought through the Carriage of Goods by Sea Act, 2025 and the Bill of Lading Act 2025.
Their key provisions regarding bill of lading are highlighted below:
The Carriage of Goods by Sea Act, 2025 has come into effect on 10th September, 2025 (Earlier law was enacted in 1925).
- Every Bill of Lading issued in India shall contain an express statement that it will have effect subject to the rules provided in the Schedules of the Act
- Weight in case of bulk cargo ascertained by the third party, as mentioned in Bill of Lading shall not be deemed to be prima facie evidence against the carrier.
- The carrier shall be bound before and at the beginning of the voyage to exercise due diligence to make the ship seaworthy, properly man, equip and supply the ship, and make all parts of the ship fit, safe for their reception, carriage and preservation of goods.
- The carrier shall properly load, handle, carry and care the goods.
- On demand of the shipper, the carrier/master/agent shall issue the shipper a bill of lading showing
- Leading marks of identification of goods
- Number of packages or pieces or the quantity or weight
- The apparent order and condition of the goods
- Such bill of lading issued by the carrier shall be prima facie evidence of receipt by the carrier of goods. In case of transfer of bill of lading, any contrary proof will not be admissible.
- The shipper is deemed to have guaranteed to the carrier the accuracy of marks, number, quantity and weight of the goods and thereby indemnify the carrier.
- Any notice of loss or damage is to be given in writing to the carrier or his agent within 3 days of receipt and removal of the goods.
- Any suit regarding loss or damage can be filed within 1 year of delivery.
- A “Shipped” Bill of lading can be issued by the carrier to the shipper on surrender of the previously issued title of goods.
- Any provision in the agreement relieving the carrier or ship from liability or loss or damage shall be null and void.
- Neither the carrier or the ship shall be liable for loss or damage from unseaworthiness unless caused by want of due diligence. Burden of proof shall be on the claimant of exemption.
- The carrier or the ship’s liability will not exceed 666.67 Special Drawing Rights per package or unit or two Special Drawing Rights per kilogram of gross weight of the goods lost. But bill of lading may state otherwise also.
- The liability of the carrier or the ship shall not exceed the value stated in bill of lading.
- The shipper shall remain liable for the goods of an inflammable, explosive or dangerous nature.
- A carrier may surrender its right, immunities, responsibilities and liabilities if mentioned in the bill of lading.
The Bill of Lading Act 2025 came into effect on 19th September, 2025(Its earlier enacted law was of 1856)
- Every consignee mentioned in bill of lading or endorsee shall have all rights of suits and liabilities as if the bill of lading has been made by him.
- The right of stoppage on the transit or any right to claim freight against original shipper or owner or any liability of consignee or endorsee shall not be affected.
- Bill of lading in the hands of consignee or endorsee shall be conclusive evidence of shipment as against master.
The government has also enacted some other maritime laws to achieve to make ease of doing business and to achieve its vision.
In case you are into business of import of any goods and need any clarification and require any DPIIT NOC/BIS support, you may like to connect with us.
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Abhinarayan Mishra FCA, FCS, LL.B, IP, RV; Partner, KPAM & Associates, Chartered Accountants, SAM Law Associates LLP. New Delhi ; +91 9910744992; ca.abhimishra@gmail.com; samlawassociates18@gmail.com
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