The Anti-Hijacking Act, 2016.

(1) This Act may be called theAnti-Hijacking Act, 2016. (2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also toany offence thereunder committed outside India by any person. (3) It shall come into force on such 1date as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,–– (a) "Agency" means the National Investigation Agency constituted under section 3 of theNational Investigation Agency Act, 2008 (34 of 2008); (b) "aircraft" means any aircraft, whether or not registered in India, other than a militaryaircraft or an aircraft used in customs or police service; (c) "aircraft registered in India" means an aircraft which is for the time being registered inIndia; (d) "Convention country" means a country in which the Hague Convention is for the timebeing in force; (e) "Hague Convention" means the Convention for the Suppression of Unlawful Seizure ofAircraft signed at The Hague on the 16th day of December, 1970 and includes the ProtocolSupplementary 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 onboard the aircraft or a ground support staff involved in the maintenance of the aircraft, who isunlawfully 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 atan airport, with an intention to secure any demand or fulfilment of any condition made by suchindividual or such group of persons; (g) "military aircraft" means an aircraft of the naval, military, air force or any other armedforces of any country and includes every aircraft commanded for the time being by a person inany 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 orappointed by any agency authorised by that Government to ensure security of civil aviationagainst acts of unlawful interference. Explanation.––for the purposes of this clause "acts of unlawful interference" means acts orattempted 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 aeronauticalfacility; (v) introduction on board an aircraft or at an aerodrome, of a weapon, explosive or otherhazardous device, article or substances intended for criminal purposes; (vi) communication of false information with a view to jeopardize the safety of an aircraft inflight or on the ground, of passengers, crew, ground personnel or the general public, at anaerodrome or on the premises of a civil aviation facility.

(1) Whoever unlawfully and intentionally seizes or exercises control of anaircraft in service by force or threat thereof, or by coercion, or by any other form of intimidation, orby any technological means, commits the offence of hijacking. (2) A person shall also be deemed to have committed the offence of hijacking specified insub-section (1), if, such person-- (a) makes a threat to commit such offence or unlawfully and intentionally causes any personto 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) orclause (b) above; (d) participates as an accomplice in such offence or the offence specified in clause (a) orclause (b) above; (e) unlawfully and intentionally assists another person to evade investigation, prosecution orpunishment, knowing that such person has committed any such offence or the offence specified inclause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminalprosecution by law enforcement authorities for such an offence or has been sentenced for such anoffence. (3) A person also commits the offence of hijacking, when committed intentionally, whether or notany of the offences specified in sub-section (1) or in clause (a) of sub-section (2) is actuallycommitted 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 infurtherance of the agreement; or (b) contributing in any manner to the commission of an offence specified in sub-section (1) orin clause (a) of sub-section (2) by a group of persons acting with a common purpose and suchcontribution shall either-- (i) be made with the aim of furthering the general criminal activity or purpose of thegroup, 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 thebeginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specificflight until twenty-four hours after any landing and in the case of a forced landing, the flight shall bedeemed to continue until the competent authorities take over the responsibility for the aircraft and forpersons and property on board.

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 personnelor of any person not involved in the offence, as a direct consequence of the office of hijacking; or (b) with imprisonment for life which shall mean imprisonment for the remainder of thatperson's natural life and with fine, and the movable and immovable property of such person shallalso be liable to be confiscated.

Whoever, being a personcommitting the offence of hijacking of an aircraft, commits, in connection with such offence, any actof violence against any passenger or member of the crew of such aircraft, shall be punished with thesame punishment with which he would have been punishable under any law for the time being inforce in India if such act had been committed in India.