May,21,2016:
The new enactment shows Civil Aviation's preparedness to new types of threat.
Anti-Hijacking Act, 2016, has received the assent of the President on 13 May and comes into effect from 16 May 2016.
The Latest Law is aimed to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft apart from all matters connected thereto.
India had signed the Convention on 16 December 1970.
Thereafter India acceded to the Convention by enacting the Anti-Hijacking Act, 1982.
The 1982 Act now stands repealed. Subsequently, India also became signatory to the Protocol Supplementary to the Convention at Beijing on 10 September 2010. It deals with unlawful acts committed against Civil Aviation under new types of threats which needed wide ranging amendments to the old Act.
The newly notified Act extends to the whole of India and even applies to all the offences committed by any person outside India.
What is the Anti-Hijacking Act,2016?
- The Anti-Hijacking Bill was originally introduced in the Rajya Sabha on December 17 in 2014.
- It repeals Anti-Hijacking Act of 1982 and aims at implementing the Convention for the Suppression of Unlawful Seizure of Aircraft, 1970, and its Protocol Supplementary, signed by India on September 10, 2010
- According to the newly enacted law, hijacking of a commercial aircraft would mean illicitly and intentionally seizing control of an Indian aircraft in service, by any technological means or use of force, coercion or any other form of intimidatiory act.
- An Indian aircraft shall be considered to be in service from the time it is prepared for a flight by its crew and ground staff right until 24 hours after its landing
- It postulates that making a credible threat to commit hijack of an Indian Aircraft is also an offence
- Hijacking is ruled to be a non-bailable crime under the Act.
Punishment for hijacking:
- It provides for Death penalty in case of the death of hostage or crew.
- It lays Life imprisonment in all other cases.
- It provides for Life Imprisonment for the remainder of accused’s natural life
- Confiscation of all movable and immovable property of the hijacker.
Read Full Text of the Latest Law Here-
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