Report No. 156
The Anti-Hijacking Act, 1982
10.08. This Act was enacted to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for matters connected therewith. The said Act (No 65/1982) came into existence on 15th November, 1982.
Section 3 of the Act explains the crime of hijacking" as under-
"3.(1) Whoever on board an aircraft in flight, unlawfully, by force or threat of force or by any other form of intimidation, seizes or exercises control of that aircraft, commits the offence of hijacking of such aircraft.
(2) Whoever attempts to commit any of the acts referred to in sub section (1) in relation to any aircraft, or abets the commission of any such act, shall also be deemed to have committed the offence of hijacking of such aircraft.
(3) For the purposes of this section, 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 whom 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."
Section 4 has prescribed the punishment for the crime of hijacking. It says that whoever commits the offence of hijacking shall be punished with imprisonment for life and shall also be liable to fine.
Section 7 explains the provisions as to extradition. Accordingly, the offences under the Act 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.
10.09. This Act was amended in 1994 (No. 39/94). Through the amendment any police officer by notification was made competent to arrest, investigate and prosecute the criminal of hijacking. The Amendment Act also prescribed the establishment of special Designated Court and the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence.