The Tokyo Convention Act, 1975

(1) This Act may be called the Tokyo ConventionAct, 1975. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint.

(1) In this Act, unless the context otherwise requires, (a) "aircraft" means any aircraft, whether or not registered in India, other than-- (i) a military aircraft; or (ii) an aircraft belonging to, or exclusively employed in the service of, the State; (b) "appropriate authority" means-- (i) in relation to India, any police officer not below the rank of an Assistant Sub-Inspector orany Immigration Officer, and (ii) in relation to any other country, being a Convention country, any officer having functionscorresponding to the functions in India either of a police officer not below the rank of anAssistant Sub-Inspector or of an Immigration Officer; (c) "commander", in relation to an aircraft, means the member of the crew designated ascommander of the aircraft by the operator thereof, or failing such a person, the person who is for thetime being the pilot in command of the aircraft; (d) "Convention country" means a country in which the Tokyo Convention is for the time beingin force; (e) "Indian registered aircraft" means an aircraft-- (A) which is for the time being registered in India; (B) which is not for the time being registered in any country but in the case of which eitherthe operator of the aircraft or each person entitled as owner to any legal or beneficial interest in itsatisfies the following requirements, namely:-- (i) that he is a person qualified to be owner of a legal or beneficial interest in an aircraftregistered in India; and (ii) that he resides or has his principal place of business in India; or (C) Which, for the time being registered in any country other than India, is for the time beingchartered by demise to a person who, or to persons each of whom, satisfies the requirementsspecified in sub-clause (B) (i) and (ii); (f) "military aircraft" means an aircraft of the naval, military or air force of any country andincludes every aircraft, commanded by a person in naval, military or air force service, detailed for thepurpose; (g) "operator", in relation to an aircraft at any time, means the person who at that time has themanagement of the aircraft; (h) "pilot in command", in relation to an aircraft, means a person who for the time being is incharge of the piloting of the aircraft without being under the direction of any other pilot in the aircraftand responsible for the operation and safety of the aircraft during flight time; (i) "Tokyo Convention" means the Convention on offences and certain other acts committed onboard aircraft signed at Tokyo on the Fourteenth day of September, 1963; (j) any reference to a country or to the territorial limits thereof shall be construed as including areference to the territorial waters, if any, of that country, and any reference to an aircraft in flight shallinclude a reference to an aircraft during any period when it is on the surface of the sea or land but notwithin the territorial limits of any country. (2) For the purposes of this Act, the period during which an aircraft is in flight shall be deemed toinclude any period from the moment when power is applied for the purpose of the aircraft taking off on aflight until the moment when the landing run, if any, at the termination of that flight ends; and for thepurpose of section 5 the aforesaid period shall also be deemed to include-- (i) any further period from the moment when all external doors, if any, of the aircraft are closedfollowing embarkation for a flight until the moment when any such door is opened fordisembarkation, after that flight; (ii) if the aircraft makes a forced landing, any period thereafter until the time-- (a) in a case where the forced landing takes place in India, when the appropriate authorityarrives at the place of such forced landing; and (b) in any other case, when the appropriate authority takes over the responsibility for theaircraft and for the persons and property on board the aircraft.

(1) Any act or omission taking place on board anIndian registered aircraft while in flight elsewhere than in or over India which, if taking place in India,would constitute an offence under any law in force in India shall constitute that offence: Provided that this sub-section shall not apply to any act or omission which is expressly or impliedlyauthorised by or under any law of a country outside India, where the aircraft is in flight. (2) No proceedings for an offence under any law in force in India, committed on board an aircraftwhile in flight elsewhere than in or over India (other than an offence under the AircraftAct, 1934 22 of 1934) shall be instituted except by or with the consent of the Central Government. (3) Nothing contained in sub-section (2) shall prevent the arrest, or the issue of a warrant for thearrest, of any person in respect of any offence, or the remanding in custody or on bail of any personcharged with any offence.

For the purposes of application of the ExtraditionAct, 1962 (34 of 1962), to crimes committed on board an aircraft in flight, any aircraft registered in aConvention country shall, at any time while that aircraft is in flight, be deemed to be within thejurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any othercountry.

(1) If the commander of an aircraft in flight, wherever theaircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft-- (a) that the person in question has done or is about to do any act on the aircraft while it is in flightwhich jeopardises or may jeopardise-- (i) the safety of the aircraft or of persons or property on board the aircraft; or (ii) the good order and discipline on board the aircraft; or (b) that the person in question has done on the aircraft while in flight any act which in the opinionof the commander is an offence under any law in force in the country in which the aircraft isregistered, not being a law of a political nature or based on racial or religious discrimination, then, subject to the provisions of sub-section (4), the commander may take with respect to that personsuch reasonable measures, including restraint of his person, as may be necessary-- (i) to protect the safety of the aircraft or of persons or property on board the aircraft; or (ii) to maintain good order and discipline on board the aircraft; or (iii) to enable the commander to disembark or deliver that person in accordance with theprovisions of sub-section (5). (2) The aircraft commander may require the assistance of other crew members and may request, butnot require, the assistance of passengers or authorise other crew members and passengers, to restrain anyperson whom he is entitled to restrain. (3) Any crew member or passenger may also take reasonable preventive measures without anyauthorisation under sub-section (2) when he has reasonable grounds to believe that such action isimmediately necessary to protect the safety of the aircraft, or of persons or property therein. (4) Any restraint imposed on any person on board an aircraft under the powers conferred by theforegoing provisions of this section shall not be continued after the time when the aircraft first thereafterceases to be in flight unless before or as soon as is reasonably practicable after that time, the commanderof the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of thereasons therefor to be sent to the appropriate authority of the country in which the aircraft so ceases to bein flight, but subject to such notification may be continued after that time (a) for any period (including the period of any further flight) between that time and the firstoccasion thereafter on which the commander is able with any requisite consent of the appropriateauthorities to disembark or deliver the person under restraint in accordance with the provisions ofsub-section (5); or (b) if the person under restraint agrees to continue his journey under restraint on board thataircraft. (5) The commander of an aircraft,-- (a) if, in the case of any person on board the aircraft, he has reasonable grounds-- (i) to believe as mentioned in clause (a) of sub-section (1); and (ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or ofpersons or property on board the aircraft or to maintain good order and discipline on board theaircraft, may disembark that person in any country in which that aircraft may be; and (b) if, in the case of any person on board the aircraft, he has reasonable grounds to believe asmentioned in clause (b) of sub-section (1), may deliver that person to the appropriate authority. (6) The commander of an aircraft-- (a) if he disembarks any person in pursuance of clause (a) of sub-section (5), in the case of anIndian registered aircraft, in any country or, in the case of any other aircraft, in India, shall report thefact of, and the reasons for, that disembarkation to (i) the appropriate authority in the country of disembarkation; and (ii) the appropriate diplomatic or consular officer of the country of nationality of that person; (b) if he intends to deliver any person in pursuance of clause (b) of sub-section (5) in India, or inthe case of an Indian registered aircraft, in any other country which is a Convention country, shallbefore or as soon as reasonably practicable after landing give notification of his intention and of thereasons therefor-- (i) to the appropriate authority; and (ii) in either case, to the appropriate diplomatic or consular officer of the country ofnationality of that person, and any commander of an aircraft who without reasonable cause fails to comply with the requirements ofthis sub-section shall be liable on summary conviction to a fine not exceeding one thousand rupees.