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Report No. 156

Insertion of section 362A in the I.P.C.

10.05. By clause 149 of the I.P.C. (Amendment) Bill, 1978, it is proposed to add a new section 362A. The proposed section which explains the meaning of Air-hijacking and hijacking of the Vehicles and also prescribed the punishment for the said crime reads as follows:

"362A. (1) Whoever on board an aircraft in flight, being an aircraft registered in India, or any other aircraft in flight over Indian air space, unlawfully by force or show or threat of force or by any other form of intimidation seizes such aircraft or exercises control over it or attempts to seize or exercise control over it for the purpose of landing it at a place other than the place of its destination or for any other purpose, is said to commit the offence of hijacking of aircraft and whoever commits such hijacking shall be punished with imprisonment for life, and shall also be liable to fine.

(2) Whoever on board a vehicle in India or a vehicle registered in India unlawfully by force or show or threat of 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 period during which an aircraft is in flight shall be deemed to include any period from the moment when power is applied for the purpose of the aircraft taking off on a flight until the moment when the landing run, if any, at the termination of that flight ends;

(ii) the word "vehicle" include any vessel but does not include an aircraft."

10.06. Apart from the above, the following offences are also contained in the Bill:

I. To substitute section 103, I.P.C. [clause 35(d) of the Bill]

Clause 35 of the Bill substituting section 103: relevant sub-clause 35(d)

"Sub-clause 35(d).-Mischief to property used or intended to be used for the purposes of the Government or a local authority or a Corporation owned or controlled by the Government, where such mischief is committed by intentional destruction of, or substantial damage to, property, or"

(e) hijacking of aircraft, or

(f) sabotage."

However, this clause does not deal with the mischief intended to be committed with the private aircraft.

II. To substitute section 105, I.P.C. (clause 37 of the Bill)

Clause 37 of the Bill for substituting section 105 of the I.P.C. runs as under-

"105. The right of private defence of property commences when a reasonable apprehension of danger to the property commences; and it continues-

(a) ....

(b) .........

(c) against mischief, criminal trespass, hijacking of aircraft, or sabotage, as long as the offender continues in the commission of the offence."

III. To substitute sections 426 to 432 and 434 to 440 of the I.P.C. (clauses 179 and 180 of the Bill)

In clause 179, it is proposed to substitute sections 426 to 432 of the I.P.C.. Similarly, it is proposed in clause 180 to substitute sections 434 to 440. The most important proposed section in the Bill relating to the Mischief of Aircraft runs as under:-

"432. Whoever commits mischief by doing any act whereby he destroys or moves or renders less useful any air-route, beacon or aerodrome light, or any light at or in the neighborhood of an air-route or aerodrome provided in compliance with law, or any other thing exhibited or used for the guidance of aircraft, such act not amounting to the offence of sabotage, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both."

10.07. The I.P.C. (Amendment) Bill, 1978, though passed by the Rajya Sabha, but could not become an Act due to dissolution of the then Lok Sabha. In the meantime, the problem of "Air-Hijacking" was increased and it was felt urgently to have an effective piece of legislation to deal with the burning problem. Therefore, two principal Acts came into force in 1982 and after amendments the Acts are known as under:

(i) The Anti-Hijacking Act, 1982;

(ii) The Anti-Hijacking (Amendment) Act, 1994;

(iii) The Suppression of Unlawful acts against Safety of Civil Aviation Act, 1982;

(iv) The Suppression of Unlawful acts against Safety of Civil Aviation (Amendment) Act, 1994.



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