Anti-Hijacking Act, 1982
CHAPTER II : HIJACKING
AND CONNECTED OFFENCES
3. Hijacking
(1)
Whoever on board an aircraft in flight, unlawfully, by force or threat
of force or by any other form of intimidation, seizes or exercises control
of that aircraft, commits the offence of hijacking of such aircraft.
(2)
Whoever attempts to commit any of the acts referred to in sub-section
(1) in relation to any aircraft, or abets the commission of any such act,
shall also be deemed to have committed the offence of hijacking of such
aircraft.
(3)
For the purposes of this section, an aircraft shall be deemed to be in
flight at any time from the moment when all its external doors are closed
following embarkation until the moment when any such door is opened for
disembarkation, and in the case of a forced landing, the flight shall
be deemed to continue until the competent authorities of the country in
which such forced landing takes place take over the responsibility for
the aircraft and for persons and property on board.
4. Punishment for hijacking
Whoever
commits the offence of hijacking shall be punished with imprisonment for
life and shall also be liable to fine.
5. Punishment for acts of violence connected with hijacking
Whoever,
being a person committing the offence of hijacking of an aircraft, commits,
in connection with such offence, any act of violence against any passenger
or member of the crew of such aircraft, shall be punished with the same
punishment with which he would have been punishable under any law for
the time being in force in India if such act had been committed in India.
1[5A. Conferment of powers of investigation, etc.
(1)
Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), for the purposes of this Act, the Central Government
may, by notification in the Official Gazette, confer on any officer of
the Central Government, powers of arrest, investigation and prosecution
exercisable by a police officer under the Code of Criminal Procedure,
1973.
(2)
All officers of police and all officers of Government are hereby required
and empowered to assist the officer of the Central Government referred
to in sub-section (1), in the execution of the provisions of this Act.]
6. Jurisdiction
(1)
Subject to the provisions of sub-section (2), where an offence under section
4 or section 5 is committed outside India, the person committing such
offence may be dealt with in respect thereof as if such offence had been
committed at any place within India at which he may be found.
(2)
No court shall take cognizance of an offence punishable under section
4 or section 5 which is committed outside India unless-
(a)
such offence is committed on board an aircraft registered in India;
(b)
such offence is committed on board an aircraft which is for the time being
leased without crew to a lessee who has his principal place of business
or where he has no such place of business, his permanent residence in
India; or
(c)
the alleged offender is a citizen of India or is on board the aircraft
in relation to which such offence is committed when it lands in India
or is found in India.
2[6A. Designated Courts
(1)
For the purpose of providing for speedy trial, the State Government shall,
with the concurrence of the Chief Justice of the High Court, by notification
in the Official Gazette, specify a court of Session to be a Designated
Court for such area or areas as may be specified in the notification.
(2)
Notwithstanding anything contained in the Code of Criminal Procedure,
1973, a Designated Court shall, as far as practicable, hold the trial
on a day-to-day basis.
6B. Offences triable by Designated Court
(1)
Notwithstanding anything contained in the Code of Criminal Procedure,
1973,-
(a)
all offences under this Act shall be triable only by the Designated Court
specified under sub-section (1) of section 6A;
(b)
where a person accused of or suspected of the commission of an offence
under this Act is forwarded to a Magistrate under sub-section (2) or sub-section
(2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974),
such Magistrate may authorise the detention of such person in such custody
as he thinks fit for a period not exceeding fifteen days in the whole
where such Magistrate is a Judicial Magistrate and seven days in the whole
where such Magistrate is an Executive Magistrate:
Provided
that where such Magistrate considers,-
(i)
when such person is forwarded to him as aforesaid; or
(ii)
upon or at any time before the expiry of the period of detention authorised
by him.
that
the detention of such person is unnecessary, he shall order such person
to be forwarded to the Designated Court having jurisdiction;
(c)
the Designated Court may exercise, in relation to the person forwarded
to it under clause (b), the same power which a Magistrate having jurisdiction
to try a case may exercise under section 167 of the Code of Criminal Procedure,
1973 (2 of 1974) in relation to an accused person in such case who has
been forwarded to him under that section;
(d)
a Designated Court may, upon a perusal of a complaint made by an officer
of the Central Government or the State Government, as the case may be,
authorised in this behalf, take cognizance of that offence without the
accused being committed to it for trial.
(2)
When trying an offence under this Act, a Designated Court may also try
an offence other than an offence under this Act, with which the accused
may, under the Code of Criminal Procedure, 1973, be charged at the same
trial.
6C. Application of Code to proceedings before a Designated Court
Save
as otherwise provided in this Act, the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) shall apply to the proceedings before a Designated
Court and the person conducting a prosecution before a Designated Court
shall be deemed to be a Public prosecutor.
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