Hijacking
Section 3 of the Anti-Hijacking Act, 2016 deals with hijacking. Whoever unlawfully and intentionally seizes or exercises control of an aircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means, commits the offence of hijacking. The Act came into force on 05 Jul 2017.
(1) Whoever unlawfully and intentionally seizes or exercises control of an aircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any technological means, commits the offence of hijacking.
(2) A person shall also be deemed to have committed the offence of hijacking specified in sub-section (1), if, such person--
(a) makes a threat to commit such offence or unlawfully and intentionally causes any person to receive such threat under circumstances which indicate that the threat is credible; or
(b) attempts to commit or abets the commission of such offence; or
(c) organises or directs others to commit such offence or the offence specified in clause (a) or clause (b) above;
(d) participates as an accomplice in such offence or the offence specified in clause (a) or clause (b) above;
(e) unlawfully and intentionally assists another person to evade investigation, prosecution or punishment, knowing that such person has committed any such offence or the offence specified in clause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminal prosecution by law enforcement authorities for such an offence or has been sentenced for such an offence.
(3) A person also commits the offence of hijacking, when committed intentionally, whether or not any of the offences specified in sub-section (1) or in clause (a) of sub-section (2) is actually committed or attempted, either or both of the following:--
(a) agreeing with one or more other persons to commit an offence specified in sub-section (1) or in clause (a) of sub-section (2), involving an act undertaken by one of the participants in furtherance of the agreement; or
(b) contributing in any manner to the commission of an offence specified in sub-section (1) or in clause (a) of sub-section (2) by a group of persons acting with a common purpose and such contribution shall either--
(i) be made with the aim of furthering the general criminal activity or purpose of the group, where such activity or purpose involves the commission of such an offence; or
(ii) be made in the knowledge of the intention of the group to commit such offence.
(4) For the purposes of this Act, an aircraft shall be considered to be 'in service" from the beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.
Section 3, 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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Birju Kishorekumar Salla v. State of Gujarat
Court's Decision & Legal Precedent
NIA Act / CrPC 439 bail appeal also under Anti-Hijacking Act 2016 s.8(3). Court examines whether printed threat-note in cabin bag is credible hijacking threat under s.3 and punishable under s.4(b); applies SOP diversion facts. DATE VERIFIED Oral Judgment 2018-05-09 (order-4.pdf).
On this section: Court tested whether threat-note facts constitute s.3 hijacking / credible threat.
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Hari Singh v. State
Court's Decision & Legal Precedent
Conviction under Anti-Hijacking Act 1982 s.3 for seizing/threatening control of aircraft IC 439 upheld; life under s.4 is mandatory. Appeal dismissed. DATE VERIFIED Final Order 2011-03-29 (order-1.pdf).
On this section: 1982 Act seizure/threat isolate carried to 2016 s.3 Hijacking via repeal/savings teaching.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Whether the judgment should be YES reported in the Digest? MR. JUSTICE S.RAVINDRA BHAT % 1. The Appellant in this case, challenges a judgment and order of the learned Additional Sessions Judge, Delhi, dated 30-07-2001, in SC No. 106/1993 ("the impugned judgment") whereby he was convicted under Section 3 of the Anti-Hijacking Act, 1982 ("the 1982 Act") read with Sections 186, 353 and 365, of the Indian Penal Code ("IPC"), and sentenced to undergo life imprisonment (for the offence under the 1982 Act) and various other prison terms, for the conviction in respect of the IPC offences. 2. The prosection case was that …
Questions about Section 3
What have the courts held on Section 3 of the Anti-Hijacking Act?
Birju Kishorekumar Salla v. State of Gujarat (09 May 2018) is the leading judgment on this section among those set out below: Court tested whether threat-note facts constitute s.3 hijacking / credible threat. Another 1 judgment on this section is set out below. They run from 2011 to 2018.
How do I find court cases under Section 3 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 3, section 3 Anti Hijacking Act 2016, section 3 of the Anti-Hijacking Act. People searching for it also type section 3 of anti hijacking act 1982. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Birju Kishorekumar Salla v. State of Gujarat (09 May 2018).
What should I read with Section 3 of the Anti-Hijacking Act, and has it changed?
3 other provisions in this corpus refer back to it.
When did Section 3 of the Anti-Hijacking Act come into force?
Section 3 of the Anti-Hijacking Act, cited as Anti Hijacking Act 2016 3, 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
- 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
- 21. Repeal and savings200 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 15 Oct 2026. This page is not a substitute for legal advice.