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Act30
Enacted 2016

The Anti-Hijacking Act, 2016

In force 21 sections Civil Aviation

An Act to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for matters connected therewith.

Act 30 of 2016 Enacted 13 May 2016 In force 05 Jul 2017

Administered by. Ministry of Civil Aviation · Other Acts of 2016

Preamble

THE ANTI-HIJACKING ACT, 2016

ACT NO. 30 OF 2016

[13th May, 2016.] An Act to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for matters connected therewith.

WHEREAS a Convention for the Suppression of Unlawful Seizure of Aircraft was signed at The Hague on the 16th day of December, 1970;

AND WHEREAS India acceded to the said Convention and enacted the Anti-Hijacking Act, 1982 (65 of 1982) to give effect to the provisions of the Convention;

AND WHEREAS India has signed the Protocol Supplementary to the Convention at Beijing on the 10th day of September, 2010 which deals with unlawful acts against Civil Aviation by new types of threats which require comprehensive amendments to the said Act;

AND WHEREAS it is considered expedient that the unlawful acts of seizure or exercise of control of aircraft which jeopardize safety of persons and property is a matter of great concern to be addressed effectively by making suitable provisions for giving effect to the Convention and the Protocol and for matters connected therewith.

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:---

What this Act covers

Summary of the Anti Hijacking Act, 2016

The Anti-Hijacking Act, 2016 was enacted to strengthen India's legal framework for preventing and punishing the unlawful seizure of aircraft. It replaced the Anti-Hijacking Act, 1982 and implements India's obligations under the Hague Convention, 1970 and the 2010 Beijing Protocol. The Act broadens the definition of hijacking to include seizure or control of an aircraft through technological means, prescribes stringent punishments, and provides for designated courts to ensure the speedy trial of hijacking-related offences.

Objective

The main objectives of the Act are:

• To prevent and punish the unlawful seizure or control of aircraft.

• To implement India's international obligations under the Hague Convention and the Beijing Protocol.

• To strengthen aviation security against emerging forms of hijacking and terrorism.

• To provide for effective investigation, prosecution, and speedy trial of hijacking offences.

• To safeguard the lives of passengers, crew members, and the security of civil aviation.

Key Provisions

1. Expanded Definition of Hijacking

o Defines hijacking to include the unlawful seizure or exercise of control over an aircraft by force, threat, coercion, intimidation, or technological means, even if the offender is not physically on board the aircraft.

2. Severe Punishments

o Provides life imprisonment and fine for hijacking.

o If the hijacking results in the death of any person, the offender may be punished with the death penalty.

3. Acts of Violence Connected with Hijacking

o Punishes acts of violence against passengers, crew, or airport personnel that are connected with the commission of hijacking.

4. Jurisdiction

o Extends jurisdiction to offences committed within India and, in specified circumstances, outside India involving Indian aircraft, Indian nationals, or aircraft landing in India.

5. Designated Courts

o Provides for the establishment of Designated Courts for the speedy trial of offences under the Act.

6. Investigation and Prosecution

o Empowers designated investigating agencies to investigate offences and requires prior sanction of the Central Government before prosecution in specified cases.

7. Bail and Extradition

o Contains special provisions relating to bail and treats hijacking offences as extraditable offences in accordance with international obligations.

8. Attachment and Confiscation of Property

o Authorizes the seizure, attachment, confiscation, and forfeiture of property connected with hijacking offences.

9. Repeal of the 1982 Act

o Repeals the Anti-Hijacking Act, 1982 while preserving actions already taken under the earlier law through saving provisions.

Sections

Type to filter. 21 sections.

  1. 1Short title, extent, application and commencement
  2. 2Definitions
  3. 3Hijacking
  4. 4Punishment for hijacking
  5. 5Punishment for acts of violence connected with hijacking
  6. 6Conferment of powers of investigations, etc
  7. 7Jurisdiction
  8. 8Designated Court
  9. 9Offences triable by Designated Court
  10. 10Application of Code to proceedings before Designated Court
  11. 11Provisions as to extradition
  12. 12Provision as to bail
  13. 13Contracting parties to Convention
  14. 14Power to treat certain aircraft to be registered in Convention countries
  15. 15Previous sanction necessary for prosecution
  16. 16Presumption as to offences under sections 3 and 5
  17. 17Protection of action taken in good faith
  18. 18Powers of investigating officers to seize or attach property
  19. 19Confiscation and forfeiture of property
  20. 20General power to make rules
  21. 21Repeal and savings

Rules made under this Act

2 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • Notification for bringing into force the Act2017
  • The Anti Hijacking Rules 20172017

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 21 sections of this Act has its own page. This page is not a substitute for legal advice.