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Report No. 156

Extradition and Indian Law

10.24. In India, there is the Extradition Act, 1962. The Act felicitate the Extradition Treaty with other countries if the same provides extradition of the accused of the crime including Crime of Air-Hijacking.

Moreover, section 7(2) of the Anti-Hijacking Act, 1962 provides that for the purposes of the application of the Extradition Act, 1962 to offences under this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.

10.25. In the light of the above discussion, it appears that there is an urgent need to have an International Court of Civil Aviation. The proposed Court will deal with the crimes of Air hijacking, mischief in the air service where the jurisdiction will arise in two or more countries. The Law Commission is aware that making a direct recommendation in International Law is not within its jurisdiction, nevertheless this recommendation is being made incidentally and in the interest to prevent the crime of international civil aviation. Therefore, it is expected from the Government of India to take up this recommendation with the international comity as and when possible.

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