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Report No. 156

Chapter X

Abduction Incidental to Hijacking

13.13. 1. Clause 149 of I.P.C. (Amendment) Bill, 1978 proposed to insert a new section 362A in respect of hijacking of aircraft. The proposed clauses 35 and 37 of the I.P.C. (Amendment) Bill, 1978 also seek amendments in section 103 and 105 of the I.P.C., inter alia, regarding hijacking of aircraft.

We recommend that there is no need to insert section 362A as well as to amend sections 103 and 105.

(Para. 10.15)

2. The Law Commission is aware that making direct recommendation in International Law is not within its jurisdiction. Nevertheless, we recommend incidentally that there is an urgent need to have an International Court of Civil Aviation. It is in the interest to prevent the crime of international civil aviation. The proposed court will deal with the crimes of Air-Hijacking, mischief in the air service, etc. where the jurisdiction will arise in two or more countries. It is expected from the Government of India to take up this recommendation with the international comity as and when possible.

(Para. 10.25)

3. About the crime of "Hijacking of Vehicles" etc., the following clause 2 in section 362A may be inserted in the I.P.C.. The Law Commission also recommends that clause (1) as proposed in the I.P.C. (Amendment) Bill, 1978 may be omitted. The clause (2) may be read as under:

"362A(2). Whoever on board a vehicle in India or a vehicle registered in India unlawfully by force or show of threat or force or by any other form of intimidation seizes such vehicle or exercises control over it or attempts to seize or exercise control over it for the purpose of taking it to a place other than the place of its destination or for any other purpose, is said to commit the offence of hijacking of vehicle and whoever commits such hijacking shall be punished with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.

Explanation.-In this section-

(i) The word "Vehicle" include any vessel but does not include an aircraft."

(Para. 10.30)

4. Clause 179 of the I.P.C. (Amendment) Bill, 1978 to amend section 432 may be dropped.

(Para. 10.30)

5. The words "helicopter, air-glider etc." may be inserted in section 2(a) of the Anti-Air Hijacking Act 1982, as well as in the Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982.

(Para. 10.30)

The Indian Penal Code Back

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