September 27,2018:
The Author, Sreekar Aechuri, is a 2nd Year, BA.LLB (H) student of NALSAR University of Law, Hyderabad. He is currently interning with LatestLaws.com.
Q1. Whether this act is applicable in the State of Jammu and Kashmir?
Ans: As per Section 2, this act extends to whole of India.Q2. What does an aircraft mean as per this Act?
Ans: Aircraft includes all except military aircraft, aircrafts used for customs or police service.
Q3. What does Hague Convention mean?
Ans: It 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.
Q4. Who can be considered as a hostage?
Ans: Any passenger, crew member, security personnel, ground support staff on board of the aircraft who is unlawfully seized without his/her consent or with his/her consent obtained by fraud or duress during the transit or when the aircraft is stationed at an airport by an individual or a group of people with the intention to secure any demand or fulfilment of any condition made by them.
Q5. What does it mean by hijacking?
Ans: Whoever unlawfully and intentionally seizes or exercises control of an aircraft in service by force or threat or coercion or any other form of intimidation or by any technological means is said to have committed the offence of hijacking. A person is deemed to have committed hijacking if he makes a credible threat for the same, or abets or organizes, directs or assists or becomes an accomplice in the commission of the offence.
Q6. What is the punishment for committing the offence of hijacking?
Ans: Any person committing the offence of hijacking shall be punished with death if the offence resulted in the death of a hostage as a direct consequence of hijacking or imprisonment for life for committing the act. His/her immovable property shall be confiscated.
Q7. Which governmental authority is conferred with the powers of dealing with the offences of hijacking?
Ans: Any officer if the Central Government or any officer of the National Investigation Agency has the powers of arrest, investigation and prosecution. All the officers of police and of Government are required to assist the officer of the Central Government or the National Investigation Agency.
Q8. Which court has the jurisdiction to deal with the offences of hijacking?
Ans: 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. And this Court, as far as practicable, hold the trial on a day-to-day basis.
Q9. What are the detention powers conferred upon the Magistrates to authorize on the accused?
Ans: A Judicial Magistrate can authorize detention of the accused in custody not exceeding thirty days in the whole. An Executive Magistrate can authorize detention of the accused in custody not exceeding seven days in the whole.
Q10. What power does the Act confer on the government in respect to treating aircrafts to be registered in different countries?
Ans: The Central Government, by notification, may direct that an aircraft for the purposes of the Act, shall be treated as registered in such Convention Country as specified in the notification.
Q11. When can the Designated Court presume that the accused has committed the offence of hijacking?
Ans: If it is proved that the arms, ammunitions or explosives recovered from the possession of the accused and there is a reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of the offence or there is evidence of use, threat or any form of force or intimidation caused to the hostages in connection with the commission of the offence, then, the Court will presume that the accused has committed the offence.
Q12. What are the powers conferred upon the investigating officers to seize or attach the property?
Ans: Where an officer, while conducting an inquiry or investigation has a reason to believe that any property, movable or immovable, is relatable to the commission of the offence, 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 and such an order made should be confirmed by an order of the Designated Court within a period of forty-eight hours of its being made.
Q13. Who has the power to confiscate or forfeiture the property of the accused?
Ans: The Designated Court through an order can confiscate a movable or immovable property of the accused and such property shall stand forfeited to the Government free from all the encumbrances.
Q14. Who has the authority to make rules for carrying out the provisions of this Act?
Ans: The Central Government, by notification, can make rules for carrying out the provisions of this Act.
