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Report No. 156

The Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982

10.10. The said Act was enacted to give effect to the Convention for the Suppression of Unlawful acts Against the Safety of Civil Aviation and for matters connected therewith. This Act came into force on 15th November, 1982.

Section 3 of the Act defines the offence committing violence on board an aircraft in flight, etc. section 3 runs as under-

"3. (1) Whoever unlawfully and intentionally-

(a) commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such aircraft; or

(b) destroys an aircraft in service or causes damage to such aircraft in such a manner as to render it incapable of flight or which is likely to endanger its safety in flight; or

(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

(d) communicates such information which he knows to be false so as to endanger the safety of an aircraft in flight, shall be punished with imprisonment for life and shall also be liable to fine.

(2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to have committed such offence and shall be punishable with the punishment provided for such offence."

10.11. This Act was amended by an Amendment Act (No. 14/94) and section 3A was added which explains the mischief too. It runs as under:

After section 3 of the Principle Act, the following sections shall be inserted, namely:-

"3A. (1) Whoever, at any airport, unlawfully and intentionally, using any device, substance or weapon-

(a) commits an act of violence which is likely to cause grievous hurt or death of any person; or

(b) destroy or seriously damages any aircraft or facility at an airport or disrupts any service at the airport, endangering or threatening to endanger safety at that airport, shall be punished with imprisonment for life and shall also be liable to fine. (2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to have committed such offence and shall be punished for such offence."

Section 9A was also inserted in the Principle Act and accordingly the Designated Court shall presume, unless the contrary is proved that the accused had committed such offence mentioned in the Act.

Thus, it is crystal clear that this Special Act is dealing about the mischief to aircraft and its operation in an effective manner, and certainly in a better manner than proposed section 432 in the I.P.C. (Amendment) Bill of 1978 (clause 179).

Thus these two special legislations are sufficient for dealing with the offences relating to Hijacking, safety, and mischief of Civil Aviation in an effective manner.



The Indian Penal Code Back




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