RAJYA SABHA

————

The following Bill has been introduced in the Rajya Sabha on the 17th December, 2014:—

BILL NO. LIII OF 2014

A Bill 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.

65 of 1982.

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Anti-Hijacking Act, 2014.

(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. 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;

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 ) “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;

(g) “notification” means a notification published in the Official Gazette.

CHAPTER II

HIJACKING AND CONNECTED OFFENCES

3. (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

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.

Short title,

extent,

application

and com-

mencement.

Definitions.

Hijacking.

34 of 2008.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(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.

4. Whoever commits the offence of hijacking shall be punished––

(a) with death, where such offence results in the death of a hostage or of a

security personnel; or

(b) with imprisonment for life which shall mean imprisonment for the remainder

of that person’s natural life and with fine,

and the movable and immovable property of such person shall also be liable to be confiscated.

5. 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.

6. (1) For the purposes of this Act, the Central Government may, notwithstanding

anything contained in the Code of Criminal Procedure, 1973, by notification, confer on any

officer of the Central Government or any officer of the Agency, powers of arrest, investigation

and prosecution exercisable by a police officer under the said Code.

(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.

7. (1) Subject to the provisions of sub-section (2), where an offence under section 3 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 3 or section 5

which is committed outside India unless,––

(a) such offence is committed within the territory of India;

(b) such offence is committed against or on board an aircraft registered in India;

committed lands in India with the alleged offender still on board;

(d) such offence is committed against or 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 is in India;

Punishment

for hijacking.

Punishment

for acts of

violence

connected

with

hijacking.

2 of 1974.

Conferment

of powers of

investiga-

tions, etc.

Jurisdiction.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(e) such offence is committed by or against a citizen of India;

(f) such offence is committed by a stateless person whose habitual residence is

in the territory of India;

(g) such offence is committed by the alleged offender who is present in India but

not extradited under section 11.

8. (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, specify a Court of

Sessions to be a Designated Court for such area or areas as may be specified in the notification.

(2) Notwithstanding the provisions of sub-section (1), the Special Court Constituted

under section 11 or, as the case may be, under section 22 of the National Investigation

Agency Act, 2008 shall be the Designated Court for the purposes of this Act in case where

the power of arrest, investigation and prosecution is exercised by the Agency under

sub-section (1) of section 6.

(3) 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.

9. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—

(a) all offences under this Act shall be triable by the Designated Court referred

to in section 8.

(b) where a person who is accused or suspected of the commission of an

offence under this Act is forwarded to the Magistrate under sub-section (2) or

sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973, such Magistrate

may authorise detention of such person in such custody, as he thinks fit, for a period

not exceeding thirty 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 the Magistrate may, if he considers that the detention of such

person is not required,––

(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,

he shall order such person to be forwarded to the Designated Court having jurisdiction;

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, in relation to

an accused person in such case who has been forwarded to him under that section;

(d) the Designated Court may, upon perusal of the report filled by the Agency or

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 the 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, which the accused may, under the Code of Criminal

Procedure, 1973, be charged at the same trial.

10. Save as otherwise provided in this Act, the provisions of the Code of Criminal

Procedure, 1973 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.

CHAPTER III

MISCELLANEOUS

11. (1) The offences under section 3 and section 5 shall be deemed to have been

included as extraditable offences and provided for in all the extradition treaties made by India

with Convention countries and which extend to, and are binding on, India on the date of

commencement of this Act.

Designated

Court.

Offences

triable by

Designated

Court.

Application

of Code to

proceedings

before

Designated

Court.

Provisions as

to extradition.

2 of 1974.

34 of 2008.

2 of 1974.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

(2) For the purposes of the application of the Extradition Act, 1962 to offences under

this Act, any aircraft registered in a Convention country shall, at any time while that aircraft

is in service, be deemed to be within the jurisdiction of that country, whether or not it is for

the time being also within the jurisdiction of any other country.

(3) None of the offences mentioned in section 3 shall be regarded, for the purposes of

extradition or mutual legal assistance, as a political offence or as an offence connected with

a political offence or as an offence inspired by political motives and a request for extradition

or for mutual legal assistance based on such an offence shall not be refused on the sole

ground that it concerns a political offence or an offence connected with a political offence or

an offence inspired by political motives.

12. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,

no person accused of an offence punishable under this Act shall, if in custody, be released

on bail or on his own bond, unless,––-

(a) the Public Prosecutor has been given an opportunity to oppose the

application for such release; and

(b) where Public Prosecutor opposes the application, the Designated Court is

satisfied that there are reasonable grounds for believing that he is not guilty of such

offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail as specified in sub-section (1) are in addition to

the limitation under the Code of Criminal Procedure, 1973, or any other law for the time being

in force, on granting bail.

(3) Nothing contained in this section shall be deemed to affect the special powers of

the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973.

13. The Central Government may, by notification, certify as to who are the contracting

parties to the Hague Convention and to what extent they have availed themselves of the

provisions of the Convention, and any such notification shall be conclusive evidence of the

matters certified therein.

14. (1) If the Central Government is satisfied that the requirements of sub-section (2)

have been satisfied in relation to any aircraft, it may, by notification, direct that such aircraft

shall, for the purposes of this Act, be treated as registered in such Convention country as

may be specified in the notification.

(2) Where the Convention countries establish joint air transport operating organisations

or international operating agencies, which operate aircraft which are subject to joint or

international registration, shall, by appropriate means, designate for each aircraft, the country

among them which shall exercise the jurisdiction and have the attributes of the country of

registry for the purposes of the Convention and shall give notice thereof to the Secretary

General of the International Civil Aviation Organisation who shall communicate the notice to

all Convention countries.

15. No prosecution for an offence under this Act shall be instituted except with the

previous sanction of the Central Government.

16. 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.

34 of 1962.

Provision as

to bail.

Contracting

parties to

Convention.

Power to

treat certain

aircraft to be

registered in

Convention

countries.

sanction

necessary for

prosecution.

Presumption

as to offences

under

sections 3

and 5.

2 of 1974.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

17. (1) No suit, prosecution or other legal proceeding shall lie against any person for

anything which is in good faith done or intended to be done in pursuance of the provisions

of this Act.

(2) No suit or other legal proceeding shall lie against the Central Government for any

damage caused or likely to be caused for anything which is in good faith done or intended to

be done in pursuance of the provisions of this Act.

18. (1) Where any officer, referred to in section 6, while conducting an inquiry or

investigation has a reason to believe that any property, movable or immovable, or both, is

relatable to the commission of the offence in relation to which such inquiry or investigation

is being conducted, is likely to be concealed, transferred or dealt with in any manner which

will result in disposal of such property, he may make an order for seizing such property and

where it is not practicable to seize such property, he may make an order of attachment

directing that such property shall not be transferred or otherwise dealt with, except with the

prior permission of the officer making such order, and a copy of such order shall be served on

the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is

confirmed by an order of the Designated Court, within a period of forty-eight hours of its

being made.

(3) The Designated Court may either confirm or revoke the order of seizure or attachment

referred to in sub-section (2).

(4) Notwithstanding the confirmation of the order by the Designated Court under

sub-section (3), any person aggrieved by the order of attachment made under sub-section (1),

may make an application to the Designated Court for revocation of said order within a period

of thirty days from the date of confirmation of the order under sub-section (3).

19. Where any order is made by the Designated Court under section 4 for confiscation

of movable or immovable property or both, of the accused, then, such property shall stand

forfeited to the Government free from all encumbrances:

Provided that the Designated Court may, during the period of such trial, order that all

or any of the properties, movable or immovable, or both, belonging to the accused be

attached, and in case such trial ends in conviction, then, the property so attached shall stand

forfeited to Government free from all encumbrances.

20. (1) The Central Government may, by notification, make rules for carrying out the

provisions of this Act.

(2) Every rule made under this Act by the Central Government shall be laid, as soon as

may be after it is made, before each House of Parliament, while it is in session, for a total

period of thirty days which may be comprised in one session or in two or more successive

sessions, and if before the expiry of the session immediately following the session or

successive sessions aforesaid, both Houses agree in making any modification in the rule of

both Houses agree that the rule should not be made, the rule shall thereafter have effect only

in such modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything previously

done under that rule.

21. (1) The Anti-Hijacking Act, 1982 is hereby repealed.

(2) The repeal of the said Act shall not affect––

(a) the previous operation of, or anything duly done or suffered under, or any

action taken or purported to have been done or taken including any notification, order

or notice made or issued, or any appointment, confirmation or declaration made or any

authorisation granted or any document or instrument executed or any direction given,

under the Act so repealed, shall, in so far as it is not inconsistent with the provisions

of this Act, be deemed to have been done or taken under the corresponding provisions

of this Act; or

Protection of

action taken

in good faith.

Powers of

investigating

officers to

seize or

attach

property.

Confiscation

and forfeiture

of property.

General

power to

make rules.

Repeal and

savings.

65 of 1982.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

STATEMENT OF OBJECTS AND REASONS

The hijacking incidents which have taken place in the recent past including the hijacking

of Indian Airlines flight No. IC-814 in 1999 and the hijacking incident in the United States of

America on the 11th September, 2001 have shown civilian aircrafts being used as missiles for

causing mass destruction. Subsequent attempts worldwide to hijack aircrafts and threats by

the outlawed groups or organisations have necessitated a fresh and thorough examination

of the preparedness of all concerned to face such exigencies. It has, therefore, become

necessary to reassess the strengths and weaknesses of the existing strategies for handling

such exigencies.

2. Further, the Beijing Protocol, 2010 to which India is a signatory, brought out new

offences, enlarging the scope of hijacking, expanding the jurisdiction and strengthening

extradition and mutual assistance regimes and hence requiring comprehensive amendments

to the Anti Hijacking Act, 1982 (65 of 1982). The present law has insufficient penalties to deal

with these new situations and is not deterrent enough to offenders and therefore, it is

necessary to cover all aspects of hijacking by offenders and conspirators and to make the

law more stringent by award of death penalty for such offences. Therefore, a need is felt to

enact a new legislation by repealing the Anti-Hijacking Act, 1982.

3. The Anti-Hijacking Bill, 2014, inter alia, seeks—

(a) to expand the scope of the definition of hijacking;

(b) to define the term "in-service" so as to cover the offence against aircraft

even when it is on the ground or under preparation for departure;

actions result in deaths of hostages and security men while carrying out the act of

hijacking;

(d) to provide capital punishment to conspirators and abductors, besides

hijackers, for any of the offences committed under the Act so that all persons involved

directly or indirectly in hijacking get similar punishment;

(e) to include confiscation of movable and immovable property belonging to

offenders as part of the punishment;

(f) to widen the provisions relating to jurisdiction and extradition;

(g) to confer powers of arrest, investigation and prosecution on officers of the

Central Government and to empower them to seize and attach the properties belonging

to offenders;

(h) to provide that all offences under the Act shall be triable only by the

Designated Court;

4. The Bill seeks to achieve the above objects.

NEW DELHI;

ASHOK GAJAPATHI RAJU PASUPATI .

The 10th December, 2014.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

FINANCIAL MEMORANDUM

Sub-clause (1) of Clause 6 empowers the Central Government to confer on any officer

of the Central Government with the powers of arrest, investigation and prosecution exercisable

by a police officer under the Code of Criminal Procedure, 1973. As the Bill proposes to utilise

the existing machinery of the Government and not create any new post, no additional

expenditure of recurring or non-recurring nature is envisaged.

Sub-clause (1) of Clause 8 empowers the State Government to specify, by notification,

and with the concurrence of the Chief Justice of the High Court, a Court of Sessions to be a

Designated Court, for the purpose of providing speedy trial. Therefore, no additional

expenditure for this purpose is also envisaged.

Since the Bill proposes to utilise the existing machinery of the Government and existing

courts as Designated Courts, there would not be any additional expenditure involved.

Therefore, the provisions of the Bill, if enacted and brought into operation, would not

involve any additional expenditure from the Consolidated Fund of India.

——————

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 20 of the Bill empowers the Central Government to make rules, by notification,

for carrying out the provisions of this Act.

The matters in respect of which rules may be made are generally matters of procedure

and administrative details and it is not practicable to provide for them in the Bill itself. The

delegation of Legislative power is, therefore, of a normal character.

——————

SHUMSHER K. SHERIFF,

Secretary-General.

GMGIPMRND—3761RS(S3)—22.12.2014.

PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF THE RULES OF PROCEDURE

AND CONDUCT OF BUSINESS IN THE RAJYA SABHA.