Section 1 in The AntiHijacking Act 2016

Title: Short title extent and commencement

Description: (1) This Act may be called the Anti-Hijacking Act, 2016. (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 1date as the Central Government may, by notification in the Official Gazette, appoint. 1. 5 th July, 2017 vide notification No. G.S.R. (827)(E) dated 5th July 2017, see Gazette of India, Extraordinary, Part II, Section 3(i).

Title: Definitions

Description: In this Act, unless the context otherwise requires,–– (a) "Agency" means the National Investigation Agency constituted under section 3 of the National Investigation Agency Act, 2008 (34 of 2008); (b) "aircraft" means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service; (c) "aircraft registered in India" means an aircraft which is for the time being registered in India; (d) "Convention country" means a country in which the Hague Convention is for the time being in force; (e) "Hague Convention" means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on the 16th day of December, 1970 and includes the Protocol Supplementary to the Convention signed at Beijing on the 10th day of September, 2010; (f) "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; (g) "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; (h) "notification" means a notification published in the Official Gazette; (i) "security personnel" means security personnel deployed by the Central Government or appointed by any agency authorised by that Government to ensure security of civil aviation against acts of unlawful interference. Explanation.––for the purposes of this clause "acts of unlawful interference" means acts or attempted acts to jeopardize the safety of civil aviation and air transport, including–– (i) unlawful seizure of aircraft in flight; (ii) unlawful seizure of aircraft on the ground; (iii) hostage-taking on board aircraft or on aerodromes; (iv) forcible intrusion on board aircraft, at an aerodrome or on the premises on an aeronautical facility; (v) introduction on board an aircraft or at an aerodrome, of a weapon, explosive or other hazardous device, article or substances intended for criminal purposes; (vi) 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.

Title: Hijacking

Description: (1) Whoever unlawfully and intentionally seizes or exercises control of an aircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means, commits the offence of hijacking. (2) A person shall also be deemed to have committed the offence of hijacking specified in sub-section (1), if, such person-- (a) makes a threat to commit such offence or unlawfully and intentionally causes any person to receive such threat under circumstances which indicate that the threat is credible; or (b) attempts to commit or abets the commission of such offence; or (c) organises or directs others to commit such offence or the offence specified in clause (a) or clause (b) above; (d) participates as an accomplice in such offence or the offence specified in clause (a) or clause (b) above; (e) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that such person has committed any such offence or the offence specified in clause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence. (3) A person also commits the offence of hijacking, when committed intentionally, whether or not any of the offences specified in sub-section (1) or in clause (a) of sub-section (2) is actually committed or attempted, either or both of the following:-- (a) agreeing with one or more other persons to commit an offence specified in sub-section (1) or in clause (a) of sub-section (2), involving an act undertaken by one of the participants in furtherance of the agreement; or (b) contributing in any manner to the commission of an offence specified in sub-section (1) or in clause (a) of sub-section (2) by a group of persons acting with a common purpose and such contribution shall either-- (i) be made with the aim of furthering the general criminal activity or purpose of the group, where such activity or purpose involves the commission of such an offence; or (ii) be made in the knowledge of the intention of the group to commit such offence. (4) For the purposes of this Act, an aircraft shall be considered to be 'in service" from the beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.

Title: Punishment for hijacking

Description: Whoever commits the offence of hijacking shall be punished–– (a) with death where such offence results in the death of a hostage or of a security personnel or of any person not involved in the offence, as a direct consequence of the office of hijacking; or (b) with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine, and the movable and immovable property of such person shall also be liable to be confiscated.

Title: Punishment for acts of violence connected with hijacking

Description: 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.