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Ministry of Ports, Shipping and Waterways
The Ministry of Ports, Shipping and Waterways has proposed dual-regulatory framework under the Merchant Shipping Act, 2025, marking a transformative shift from fragmented oversight to a centralized, “techno-legal” security model. Central to this overhaul is the establishment of the Bureau of Port Security (BPS) as a statutory body under Section 13 of the Act. Modeled after the Bureau of Civil Aviation Security (BCAS), the BPS serves as the apex authority for regulatory oversight, risk categorization, and coordination across the vessel–port interface.
The “Graded Security” Operational Model
The new framework implements a risk-based approach to maritime protection, ensuring that protocols are customized based on a port’s vulnerability and trade volume rather than a one-size-fits-all strategy.
Security Tiering: A three-level system—Level 1 (minimum), Level 2 (heightened risk), and Level 3 (imminent threat)—triggers specific protective measures and response protocols.
Mandatory Digital Framework: The BPS is mandated to maintain a dedicated division for Cybersecurity, specifically protecting port IT infrastructure and logistics systems from digital threats.
Intelligence and Enforcement: The BPS centralizes the collection and exchange of security-related information among MLEAs (Maritime Law Enforcement Agencies), including the Indian Navy and Coast Guard.
Standards and Industry Obligations
To ensure compliance with global ISPS Code standards, the rules impose rigorous documentation and training mandates on all stakeholders.
Security Plans: Every vessel must carry an approved Ship Security Plan (SSP), while port facilities are required to implement Port Facility Security Plans (PFSP).
Recognised Security Organisations (RSO): The Central Industrial Security Force (CISF) has been designated as a statutory RSO, authorized to conduct mandatory audits and security assessments.
Master’s Discretion: The rules preserve the Master’s overriding authority to make decisions regarding ship safety and security, including the right to deny access or refuse cargo loading.
What is the “Techno-Legal” approach to AI and Security governance? The techno-legal approach argues that modern security cannot rely on legislation alone. It requires the simultaneous deployment of technical tools—such as digital monitoring and AI-driven threat detection—that are legally admissible. This ensures that the regulatory framework is both technologically enforceable and legally robust in real-time.
Policy Relevance
The 2026 rules align India’s maritime law with contemporary global best practices, serving as a pillar for the Viksit Bharat 2047 and Maritime India Vision 2030.
Ease of Doing Business: By shifting from a “regulatory-heavy” approach to an enablement-focused policy, the Act simplifies compliance through electronic registration and digital certificates.
Strategic Deterrence: Statutory recognition of the BPS provides legal power to deter maritime terrorism, arms smuggling, and piracy through centralized regulation and decentralized execution.
Fiscal Accountability: A transparent fee structure and high penalties (up to Rs. 5,00,000) for non-compliance ensure institutional discipline and sustainable growth in India’s maritime hub.
Relevant Question for Policy Stakeholders: How will the Bureau of Port Security balance the need for stringent “Level 3” security interventions with the necessity of maintaining “minimum interference” with critical trade flows at major Indian ports?
Follow the full news here: Draft Rules under Merchant Shipping Act, 2025 (Merchant Shipping (Ships and Port Facility Security) Rules, 2026)
Draft Rules under Merchant Shipping Act, 2025 (Bureau of Port Security Rules, 2026)