THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982
[Act, No. 66 of 1982]
[6th November, 1982]
An Act to give effect to the Convention for the Suppression of Unlawful Act against the Safety of Civil Aviation and for matters connected therewith.
WHEREAS a Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation was, on the 23rd day of September, 1971, signed at Montreal;
AND WHEREAS it is expedient that India should accede to the said Convention and make provisions for giving effect thereto and for matters connected therewith;
BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:
Section 1. Short title, extent, application and commencement
(1) This Act may be called the Suppression of UnlawfulActs against Safety of Civil Aviation Act, 1982.
(2) It extends to thewhole of India and, save as otherwise provided in this Act, it applies also toany offence under section 3 committed outside India by any person.
(3) It shall come intoforce on such date1 as the Central Government may, by notification inthe Official Gazette, appoint.
Section 2. Definitions
(1) In this Act, unlessthe context otherwise requires,-
(a) "aircraft"means any aircraft, whether or not registered in India, other than a militaryaircraft or an aircraft used in customs or police service;
(b) "aircraftregistered in India" means an aircraft which is for the time beingregistered in India;
1 [(bb) "airport" means an aerodrome asdefined in clause (2) of section 2 of the Aircraft Act, 1934;]
(c) "Conventioncountry" means a country in which the Montreal Convention is for the timebeing in force;
(d) "militaryaircraft" means an aircraft of the naval, military, air force or any otherarmed forces of any country and includes every aircraft commanded for the timebeing by a person in such force detailed for the purpose;
(e) "MontrealConvention" means the Convention for the Suppression of Unlawful Actsagainst the Safety of Civil Aviation signed at Montreal on the 23rd day ofSeptember, 1971.
(2) For the purposes ofthis Act,-
(a) an aircraft shall bedeemed to be in flight at any time from the moment when all its external doorsare closed following embarkation until the moment when any such door is openedfor disembarkation, and in the case of a forced landing, the flight shall bedeemed to continue until the competent authorities of the country in which suchforced landing takes place take over the responsibility for the aircraft and forpersons and property on board;
(b) an aircraft shall bedeemed to be in service from the beginning of the pre-flight preparation of theaircraft by the ground staff or by the crew for a specific flight untiltwenty-four hours after any landing and the period of such service shall includethe entire period during which the aircraft is in flight.
|1.Inserted bySuppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40 of1994), S.. 2 (1-10-1996).|
Section 3. Offence of committing violence on baord an aircraft in flight, etc.
(1) Whoever unlawfully and intentionally
(a) commits an act of violence against a person on board an aircraft in flight which is likely to endanger the safety of such aircraft; or
(b) destroys aircraft in service or causes damage to such aircraft in such a manner as to render it incapable of flight or which is likely to endanger its safety in flight; or
(c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or
(d) communicate such information which he knows to be false so as to endanger the safety of an aircraft in flight,
shall be punished with imprisonment for life and shall also be liable to fine.
(2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to be have committed such offence and shall be punished with the punishment provided for such offence.
Section 3A. Offence at airport
1 [3-A. Offence at airport
(1) Whoever, at anyairport, unlawfully and intentionally, using any device, substance or weapon,-
(a) commits an act of violence which is likely tocause grievous hurt or death of any person; or
(b) destroys or seriouslydamages any aircraft or facility at an airport or disrupts any service at theairport.
endangering or threateningto endanger safety at that airport, shall be punished with imprisonment for lifeand shall also be liable to fine.
(2) Whoever attempts tocommit, or abets the commission of, any offence under sub-section (1) shall alsobe deemed to have committed such offence and shall be punished with thepunishment provided for such offence.]
|1. Insertedby Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40of 1994), S. 3 (1-10-1996).|
Section 4. Destruction of, or damage to, air navigation facilities
(1) Whoever unlawfully and intentionally destroys or damages air navigation facilities or interferes with their operation in such a manner as is likely to endanger the safety of the aircraft in flight shall be punished with imprisonment for life and shall also be liable to fine.
(2) Whoever attempts to commit, or abets the commission of, any offence under sub-section (1) shall also be deemed to have committed such offence and shall be punished with the punishment provided for such offence.
Section 5. Jurisdiction
(1) Subject to the provisions of sub-section (2), where an offence under section 3 is committed outside India, the person committing such offence may be dealt with in respect thereof as if such offence had been committed at any place within India at which he may be found.
(2) No Court shall take cognizance of an offence punishable under section 3 which is committed outside India unless
(a) such offence is committed on board an aircraft registered in India;
(b) such offence is committed on board an aircraft which is for the time being leased without crew to a lessee who has his principal place of business, or where he has no such place of business, his permanent residence in India; or
(c) the alleged offender is a citizen of India or is on board the aircraft in relation to which such offence is committed when it lands in India or is found in India.
Section 5A. Conferment of powers of investigation, etc.
1 [5A. Conferment of powers ofinvestigation, etc.-
(1) Notwithstandinganything contained in the Code of Criminal Procedure, 1973, for the purposes ofthis Act, the Central Government may, by notification in the Official Gazette,confer on any officer of the Central Government, powers of arrest, investigationand prosecution exercisable by a police officer under the Code of CriminalProcedure, 1973.
(2) All officers of policeand all officers of Government are hereby required and empowered to assist theofficer of the Central Government referred to in sub-section (1), in theexecution of the provisions of this Act.
|1.Ss. 5A to 5D Insertedby Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40of 1994), S. 4 (1-10-96).|
Section 5B. Designated Courts
(1) 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 in the Official Gazette, specify a Court of Session to be a Designated Court for such area or areas as may be specified in the notification.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis.
Section 5C. Offences triable by Designated Court
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,
(a) all offences under this Act shall be triable only by the Designated Court specified under subsection (1) of section 5B.
(b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2 A) of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:
Provided that where such Magistrate considers,
(i) when such person is forwarded to him as aforesaid; or
(ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Designated Court having jurisdiction;
(c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 in relation to an accused person in such case who has been forwarded to him under that section;
(d) a Designated Court may, upon a perusal of a complaint made by an officer of the Central Government or the State Government, as the case may be, authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial.
(2) When trying an offence under this Act, a Designated Court may also try an offence other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure, 1973, be charged at the same trial.
Section 5D. Application of the Code to proceedings before a Designated Court
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 shall apply to the proceedings before a Designated Court and the person conducting a prosecution before a Designated Court shall be deemed to be a Public Prosecutor.
Section 6. Provisions as to extradition
(1) The offences under section 3 and section 4 shall be deemed to have been included as extraditable offences and provided for in all the extradition treaties made by India with Convention countries and which extend to, and are binding on, India on the date of commencement of this Act.
(2) For the purposes of the application of the Extradition Act, 1962 to offences under this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.