The present legislation being the Anti- Hijacking Act, 2016 (Act no. 30 of 2016) was enacted by the Parliament of India and it was given assent by the honourable President of India on 13th day of May, 2016. This enactment is provided in the 67th year of the republic of India with the aim and object to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft and for the other matters relevant thereof. The said convention was signed by India at the Hague on the 16th day of December, 1970. It was in the year 1982, the country’s parliament had enacted earlier Anti- Hijacking Act, 1982 for giving effect to the provisions of the convention. However, when the country had signed the Protocol Supplementary to the Convention at Beijing in the year 2010, the new enactment is proposed. The said Protocol is dealing with the unlawful acts against the Civil Aviation by new types of threats.
This new law is as such providing for the twenty- one sections. And the Chapter’s first section is providing introductory part of the Act by providing its short title, extension which to whole of India and also to certain extent outside India, and commencement. Moreover, its second provision is dealing with the various definitions to the terms used in various provisions in this Act.
The Second chapter in the Act is really very important as it is providing for the various Hijacking and other connected offences and also deals with the punishments for commission of such offences. The maximum punishment in this Act can be awarded up to death, i.e. the capital punishment. Moreover, for the purpose of the arrest, investigation and prosecution, the Central Government is empowered in this Act to confer powers to any officer from National Investigation Agency, or to any officer from the Central Government. Also, the provisions as to designated court are also contained in this Act and for process, the provisions of the Code of Criminal Procedure, 1973 are made applicable.
Also the next chapter as containing miscellaneous provisions, says that the offences provided under this Act shall be treated as extraditable Offences. Also, for institution of the prosecution, the prior approval from the Central Government is also required under this Act. However, the persons acting in good faith and doing anything required under their duties under this Act, are protected under this Act against any suit or other legal proceedings. Such officers or persons can seize the offence connected properties. Also all other relevant provisions are made in this Act, which are crucial in nature.
Read the Bare Act: The Anti-Hijacking Act 2016