Presumption as to offences under sections 3 and 5
Section 16 of the Anti-Hijacking Act, 2016 deals with presumption as to offences under sections 3 and 5. In a prosecution for an offence under section 3 or section 5, if it is proved that--- (a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of su The Act came into force on 05 Jul 2017.
In a prosecution for an offence under section 3 or section 5, if it is proved that---
(a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of such offence; or
(b) there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence,
the Designated Court shall presume, unless the contrary is proved, that the accused has committed such offence.
Section 16, The Anti-Hijacking Act, 2016 (Act 30 of 2016).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 16
What does Section 16 of the Anti-Hijacking Act deal with?
Section 16 of the Anti-Hijacking Act is headed "Presumption as to offences under sections 3 and 5". In a prosecution for an offence under section 3 or section 5, if it is proved that--- (a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of su
How do I find court cases under Section 16 of the Anti-Hijacking Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Anti Hijacking Act 2016 16, section 16 Anti Hijacking Act 2016, section 16 of the Anti-Hijacking Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 16 of the Anti-Hijacking Act, and has it changed?
Its own text turns on section 3 (Hijacking), section 5 (Punishment for acts of violence connected with hijacking), so none of them can safely be read on its own.
When did Section 16 of the Anti-Hijacking Act come into force?
Section 16 of the Anti-Hijacking Act, cited as Anti Hijacking Act 2016 16, came into force on 05 Jul 2017, having been enacted on 13 May 2016. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Hijacking442 words
- 2. Definitions440 words
- 9. Offences triable by Designated Court336 words
- 18. Powers of investigating officers to seize or attach property239 words
- 7. Jurisdiction218 words
- 11. Provisions as to extradition200 words
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. Text as in force on 24 Oct 2026. This page is not a substitute for legal advice.