3. Hijacking.––(1) Whoever unlawfully and intentionally seizes or exercises control of an aircraft
in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any
technological means, commits the offence of hijacking.
(2) A person shall also be deemed to have committed the offence of hijacking specified in subsection (1), if, such person––
(a) makes a threat to commit such offence or unlawfully and intentionally causes any person
to 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) or
clause (b) above;
(d) participates as an accomplice in such offence or the offence specified in clause (a) or
clause (b) above;
(e) unlawfully and intentionally assists another person to evade investigation, prosecution or
punishment, knowing that such person has committed any such offence or the offence specified in
clause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminal
prosecution by law enforcement authorities for such an offence or has been sentenced for such an
offence.
(3) A person also commits the offence of hijacking, when committed intentionally, whether or not
any of the offences specified in sub-section (1) or in clause (a) of sub-section (2) is actually
committed 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 in
furtherance of the agreement; or
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(b) contributing in any manner to the commission of an offence specified in sub-section (1) or
in clause (a) of sub-section (2) by a group of persons acting with a common purpose and such
contribution shall either––
(i) be made with the aim of furthering the general criminal activity or purpose of the
group, 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 the
beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific
flight until twenty-four hours after any landing and in the case of a forced landing, the flight shall be
deemed to continue until the competent authorities take over the responsibility for the aircraft and for
persons and property on board.
4. Punishment for hijacking.––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 personnel
or 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 that
person's natural life and with fine,
and the movable and immovable property of such person shall also be liable to be confiscated.
5. Punishment for acts of violence connected with hijacking.––Whoever, being a person
committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act
of violence against any passenger or member of the crew of such aircraft, shall be punished with the
same punishment with which he would have been punishable under any law for the time being in
force in India if such act had been committed in India.
6. Conferment of powers of investigations, etc.––(1) For the purposes of this Act, the Central
Government may, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974), by notification, confer on any officer of the Central Government or any officer of the Agency,
powers of arrest, investigation and prosecution exercisable by a police officer under the said Code.
(2) All officers of police and all officers of Government are hereby required and empowered to
assist the officer of the Central Government referred to in sub-section (1) in the execution of the
provisions of this Act.
7. Jurisdiction.––(1) Subject to the provisions of sub-section (2), where an offence under section
3 or section 5 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 or section 5 which is
committed outside India unless,––
(a) such offence is committed within the territory of India;
(b) such offence is committed against or on board an aircraft registered in India;
(c) such offence is committed on board and the aircraft in which the offence is committed
lands in India with the alleged offender still on board;
(d) such offence is committed against or 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 is in India;
(e) such offence is committed by or against a citizen of India;
(f) such offence is committed by a stateless person whose habitual residence is in the territory
of India;
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(g) such offence is committed by the alleged offender who is present in India but not
extradited under section 11.
8. Designated Court.––(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, specify a Court of
Sessions to be a Designated Court for such area or areas as may be specified in the notification.
(2) Notwithstanding the provisions of sub-section (1), the Special Court Constituted undersection
11 or, as the case may be, under section 22 of the National Investigation Agency Act, 2008 (34 of
2008) shall be the Designated Court for the purposes of this Act in case where the power of arrest,
investigation and prosecution is exercised by the Agency under sub-section (1) of section 6.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a
Designated Court shall, as far as practicable, hold the trial on a day-to-day basis.
9. Offences triable by Designated Court.––(1) Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974),––
(a) all offences under this Act shall be triable by the Designated Court referred to in section 8.
(b) where a person who is accused or suspected of the commission of an offence under this
Act is forwarded to the Magistrate under sub-section (2) or sub-section (2A) of section 167 of the
Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise detention of such
person in such custody, as he thinks fit, for a period not exceeding thirty 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 the Magistrate may, if he considers that the detention of such person is not
required,––
(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,
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 (2 of 1974), in relation to an accused person in such case who
has been forwarded to him under that section;
(d) the Designated Court may, upon perusal of the report filled by the Agency or 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 the 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, which the accused may, under the Code of Criminal Procedure, 1973 (2 of
1974), be charged at the same trial.