The Anti - Hijacking Act, 1982
No. 65 OF 1982
(Received the assent of the President on 6th November,
An Act to give effect to the Convention for the Suppression of
Unlawful Seizure of Aircraft and for matters connected therewith.
WHEREAS a Convention for the Suppression of Unlawful Seizure
of Aircraft was, on the 16th day of December, 1970, signed
at The Hague;
AND WHEREAS it is expedient that India should accede to the said
Convention and make provisions for giving effect thereto and for matters
connected there with;
BE it enacted by Parliament in the Thirty-third Year of the Republic
of India as follows:-
CHAPTER I - PRELIMINARY
1. Short title, extent application and commencement
(1) This Act may be called the Anti-Hijacking Act, 1982.
(2) It extends to the whole of India and, save as otherwise provided
in this Act, it applies also to any offence thereunder committed
outside India by any Person.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
(a) "aircraft" means any aircraft, whether or not registered
in India, other than a military aircraft or an aircraft used in
customs or police service;
(b) "aircraft registered in India" means an aircraft which is
for the time being registered in India;
c. "Convention country" means a country in which The Hague Convention
is for the time being in force;
d. "Hague Convention" means the Convention for the Suppression
of Unlawful Seizure of Aircraft signed at The Hague on the 16th
day of December, 1970;
e. "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.
CHAPTER II - HIJACKING AND CONNECTED OFFENCES
(1) Whoever on broad an aircraft in flight, unlawfully, by force
or threat of force or by any other form of intimidation, seizes
or exercises control of that aircraft, commits the offence of
hijacking of such aircraft.
(2) Whoever attempts to commit any of the acts referred to in
sub-section (I) in relation to any aircraft, or abets the commission
of any such act, shall also be deemed to have committed the offence
of hijacking of such aircraft.
(3) For the purposes of this section, an aircraft shall be deemed
to be in flight at any time from the moment when all its external
doors are closed following embarkation until the moment when any
such door is opened for disembarkation, and in the case of a forced
landing, the fight shall be deemed to continue until the competent
authorities of the country in which such forced lading takes place
take over the responsibility for the aircraft and for persons
and property on board.
4. Punishment for hijacking
Whoever commits the offence of hijacking shall be punished with
imprisonment for life and shall also be liable to fine.
5. Punishment for acts to violence connected with hijacking
Whoever, being a person committing the offence of hijacking of
an aircraft, commits, in connection with such offence, any act of
violence against any passenger or member of the crew of such aircraft,
shall be punished with the same punishment with which he would have
been punishable under any law for the time being in force in India
if such act had been committed in India.
(1) Subject to the provision of Sub-section (2), where an offence
under section 4 or section 5 is committed outside India, the person
committing such offence may be dealt with in respect thereof as
if such offence had been committed at any place within India at
which he may be found.
2. No court shall take cognizance of an offence punishable under
section 4 or section 5 which is committed outside India unless
(a) such offence is committed on board an aircraft registered
(b) such offence is committed on board an aircraft which
is for the time being leased without crew to a lessee who
has his principal place of business or where he had no such
place of business, his permanent residence in India; or
(c) the alleged offender is a citizen of India or is on board
the aircraft in relation to which such offence is committed
when it lands in India or is found in India.
CHAPTER III - MISCELLANEOUS
7. Provisions as to extradition
1. The offences under section 4 and section 5 shall be deemed
to have been included as extraditable offences and provided for
in all the extradition treaties made by India with Convention
countries and which extend to, and are binding on, India on the
date of commencement of this Act.
2. For the purposes of the application of the Extradition Act,
1962 (34 of 1962) the offences under this Act, any aircraft registered
in a Convention country shall, at any time while that aircraft
is in flight, be deemed to be within the jurisdiction of that
country, whether or not it is for the time being also within the
jurisdiction of any other country.
8. Contracting parties of Convention
The Central Government may, by notification in the Official Gazette,
certify as to who are the contracting parties to The Hague Convention
and to what extent they have availed themselves of the provisions
of the Convention, and any such notification shall be conclusive
evidence of the matters certified therein.
9. Power to treat certain aircraft to be registered in Convention
If the Central Government is satisfied that the requirements of
Article 5 of The Hague Convention have been satisfied in relation
to any aircraft, it may, by notification in the Official Gazette,
direct that such aircraft shall, for the purposes of this Act, be
treated as registered in such Convention country as may be specified
in the notification.
10. Previous sanction necessary for prosecution
No prosecution for an offence under this Act shall be instituted
except with the previous sanction of the Central Government.
11. Protection of action taken in good faith
1. No suit, prosecution or other legal proceeding shall lie against
any person for anything which is in good faith done or intended
to be done in pursuance of the provisions of this Act.
2. No suit or other legal proceedings shall lie against the Central
Government for any damage caused or likely to be caused for anything
which is in good faith done or intended to be done in pursuance
of the provisions of this Act.