Report No. 156

Earlier Report (42nd) of the Law Commission

10.04. The Law Commission of India has submitted its 42nd Report in June 1971. In the said report (para. 16.96), the problem of abduction incidentally to hijacking was discussed. The Commission had received the suggestion that, to cover the crime of hijacking of aircraft or other vehicle, an amendment may be made so as to punish those who indirectly cause persons to be transported to a place which is not their intended destination.

In other words, extradition was sought. The need for such amendment was emphasised on the ground that the compulsion in such cases, at least so far as the passengers are concerned, is indirect. However, the Law Commission expressed its view that such cases could be regarded as falling within the section 362, notwithstanding the indirect nature of the compulsion and therefore, no amendment is necessary.

Nonetheless, I.P.C. (Amendment) Bill, 1978 made an attempt to include the crime of "Air-hijacking in a new section 362A.