Anti Hijacking Act 2016

Aircraft means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service.

Q A
Context:
        • An Act to give effect to the Convention for the Suppression of unlawful Seizure of Aircraft and for matters connected therewith. It extended to the whole of India and it applies also to any offence thereunder committed outside India by any person.
Basic definitions used in the Act 1. Aircraft means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service.

2. Hostage means a passenger or a crew member of an aircraft or any security personnel on board the aircraft or a ground support staff involved in the maintenance of the aircraft, who is unlawfully seized or detained without his consent, or with his consent obtained by fraud or duress, by an individual or by a group of persons, during the transit of an aircraft or when it is stationed at an airport, with an intention to secure any demand or fulfilment of any condition made by such individual or such group of persons.

3. Military Aircraft means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in any such force detailed for the purpose.
Definition of Hijacking 1. Hijacking means, seizing control of an aircraft in service, unlawfully and intentionally, by technological means or by exercising force, coercion, or any other form of intimidation. An aircraft is considered to be in service from the time it is being prepared for a specific flight by the crew or ground personnel until 24 hours after any landing.
Which of the act comes under Hijacking? Acts of unlawful interference means acts or attempted acts to jeopardize the safety of civil aviation and air transport, including—

1. unlawful seizure of aircraft in flight;

2. unlawful seizure of aircraft on the ground;

3. hostage-taking on board aircraft or on aerodromes;

4. forcible intrusion on board aircraft, at an aerodrome or on the premises on an aeronautical facility;

5. introduction on board an aircraft or at an aerodrome, of a weapon, explosive or other hazardous device, article or substances intended for criminal purposes;

6. communication of false information with a view to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an aerodrome or on the premises of a civil aviation facility.
Punishment for Hijacking and related offences The Acts provides for-

a. Death penalty, where the offence resulted in death of hostage or security personnel.

b. Life imprisonment in all other cases.

c. Movable and Immovable property of the accused may be confiscated.

For any acts of violence committed in connection with the hijacking, the accused shall be punished with the same punishment as provided under the law in force. Sanction must be taken from the central government before prosecuting an accused for hijacking or related offence.
Scope of the Jurisdiction of the court Indian courts can exercise jurisdiction on several ground including where the offence is committed:

a. In India

b. Against an aircraft registered in India

c. On board an aircraft which lands in India with the accused still on board

d. By or against an Indian citizen

e. By a person who is present in India and not extradited by the central government.

The sanction must be taken from the central government before prosecuting an accused for hijacking or related offence.

The central government may confer power of investigation, arrest and prosecution on any officer of the central government or the National Investigation Agency. An investigation officer can order seizure or attachment of property which is related to the offence, and is likely to be concealed or disposed of by the accused.
Provision of Extradition in the Act The court will presume the accused to be guilty if the prosecution established either-

a. Arms, ammunition or explosives were recovered from the accused and there is reason to believe that similar arms etc. were used in the hijacking.

b. There is evidence of use of intimidation against the crew of passengers in the connection with the hijacking.

Extraditable offences are those offences for which one country may transfer the accused to another country’s legal jurisdiction. No request for extradition shall be refused on the ground that -‘Hijacking is a political offence or is connected with it.’

Write Your Review