Anti-Hijacking Act, 2016
No: 30 Dated: May, 13 2016
The Anti-Hijacking Act, 2016
Act No. 30 of 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 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:-
CHAPTER I
Preliminary
1. Short title, extent, application and commencement. - (1) This Act may be called the Anti-Hijacking Act, 2016.
(2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to any offence thereunder committed outside India by any person.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Agency" means the National Investigation Agency constituted under section 3 of the National Investigation Agency Act, 2008;
(b) "aircraft" means any aircraft, whether or not registered in India, other than a military aircraft or an aircraft used in customs or police service;
(c) "aircraft registered in India" means an aircraft which is for the time being registered in India;
(d) "Convention country" means a country in which the Hague Convention is for the time being in force;
(e) "Hague Convention" means the Convention for the Suppression of Unlawful Seizure of Aircraft signed at The Hague on the 16th day of December, 1970 and includes the Protocol Supplementary to the Convention signed at Beijing on the 10th day of September, 2010;
(f) "hostage" means a passenger or a crew member of an aircraft or any security personnel on board the aircraft or a ground support staff involved in the maintenance of the aircraft, who is unlawfully seized or detained without his consent, or with his consent obtained by fraud or duress, by an individual or by a group of persons, during the transit of an aircraft or when it is stationed at an airport, with an intention to secure any demand or fulfilment of any condition made by such individual or such group of persons;
(g) "military aircraft" means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in any such force detailed for the purpose;
(h) "notification" means a notification published in the Official Gazette;
(i) "security personnel" means security personnel deployed by the Central Government or appointed by any agency authorised by that Government to ensure security of civil aviation against acts of unlawful interference.
Explanation. - for the purposes of this clause "acts of unlawful interference" means acts or attempted acts to jeopardize the safety of civil aviation and air transport, including-
(i) unlawful seizure of aircraft in flight;
(ii) unlawful seizure of aircraft on the ground;
(iii) hostage-taking on board aircraft or on aerodromes;
(iv) forcible intrusion on board aircraft, at an aerodrome or on the premises on an aeronautical facility;
(v) introduction on board an aircraft or at an aerodrome, of a weapon, explosive or other hazardous device, article or substances intended for criminal purposes;
(vi) communication of false information with a view to jeopardize the safety of an aircraft in flight or on the ground, of passengers, crew, ground personnel or the general public, at an aerodrome or on the premises of a civil aviation facility.