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The Suppression of Unlawful Acts Against
Safeity of Civil Aviation Act, 1982
No. 66 of 1982
(Received the assent of the President on 6th November 1982)
An Act to give effect to the Convention for the Suppression of
Unlawful Acts against the Safety of Civil Aviation and for matters connected
therewith.
WHEREAS a Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation was on the 23rd day of September,
1971 signed at Montreal;
AND WHEREAS it is expedient that India should accede to the said
Convention and make provisions for giving effect thereto and for matters
connected therewith;
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 Suppression of Unlawful Acts against
Safety of Civil Aviation Act, 1982.
(2) It extends to the whole of India and, save as otherwise provided
in this Act, it applies also to any offence under section 3 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.
2. Definitions
(1) 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 Montreal
Convention is for the time being in force;
(d) "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 such
force detailed for the purpose;
(e) "Montreal Convention" means the Convention for the Suppression
of Unlawful Acts against the Safety of Civil Aviation signed
at Montral on the 23rd day of September, 1971.
(2) For the purposes of this Act,
(a) 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 flight
shall be deemed to continue until the competent authorities
of the country in which such forced landing takes place take
over the responsibility for the aircraft and for persons and
property on board;
(b) an aircraft shall be deemed to be in service from the beginning
of the pre-flight preparation of the aircraft by the ground
staff or by the crew for a specific flight until twenty-four
hours after any landing and the period of such service shall
include the entire period during which the aircraft is in flight.
CHAPTER II - OFFENCES
3. Offence of committing violence on Board an aircraft in flight,
etc.
(1) Whoever unlawfully and intentionally -
(a) commits an act of violence against a person on board an
aircraft in flight which is likely to endanger the safety of
such aircraft; or
(b) destroys an aircraft in service or causes damage to such
aircraft in such manner as to render it incapable of flight
or which is likely to endanger its safety in flight; or
(c) places or causes to be placed on an aircraft in service,
by any means whatsoever, a device or substance which is likely
to destroy that aircraft, or to cause damage to it which renders
it incapable of flight, or to cause damage to it which is likely
to endanger its safety in flight; or
(d) communicates such information which he knows to be false
so as to endanger the safety of an aircraft in flight, shall
be punished with imprisonment for life and shall also be liable
to fine.
(2) Whoever attempts to commit, or abets the commission of, any
offence under sub-section (I) shall also be deemed to have committed
such offence and shall be punished with the punishment provided
for such offence.
4. Destruction of, or damage to, air navigation facilities
(1) Whoever unlawfully and intentionally destroys or damages air
navigation facilities or interferes with their operation in such
a manner as is likely to endanger the safety of the aircraft in
flight shall be punished with imprisonment for life and shall also
be liable to fine.
(2) Whoever attempts to commit, or abets the commission of, any
offence under sub-section (1) shall also be deemed to have committed
such offence and shall be punished with the punishment provided
for such offence.
5. Jurisdiction
(1) Subject to the provisions of sub-section (2), where an offence
under section 3 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 3 which is committed outside India unless -
(a) such offence is committed on board an aircraft registered
in India;
(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 has 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
6. Provisions as to extradition
(1) The offences under section 3 and section 4 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 purpose of the application of the Extradition Act,
1962 (34 of 1962) to 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.
7. Contracting parties of Convention
The Central Government may, by notification in the Official Gazette,
certify as to who are the contracting parties to the Montreal 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.
8. Power to treat certain aircraft to be registered in convention
countries
If the Central government is satisfied that the requirements of Article
9 of the Montreal 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.
9. 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.
10. 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 done in pursuance of the provisions of this Act.
(2) No suit or other legal proceeding 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.
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