10. Application of Code to proceedings before Designated Court.––Save as otherwise
provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) 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.
11. Provisions as to extradition.––(1) The offences under section 3 and section 5 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.
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(2) For the purposes of the application of the Extradition Act, 1962 (34 of 1962) to offences under
this Act, any aircraft registered in a Convention country shall, at any time while that aircraft is in
service, 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.
(3) None of the offences mentioned in section 3 shall be regarded, for the purposes of extradition
or mutual legal assistance, as a political offence or as an offence connected with a political offence or
as an offence inspired by political motives and a request for extradition or for mutual legal assistance
based on such an offence shall not be refused on the sole ground that it concerns a political offence or
an offence connected with a political offence or an offence inspired by political motives.
12. Provision as to bail.––(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in
custody, be released on bail or on his own bond, unless,––
(a) the Public Prosecutor has been given an opportunity to oppose the application for such
release; and
(b) where Public Prosecutor opposes the application, the Designated Court is satisfied that
there are reasonable grounds for believing that he is not guilty of such offence and that he is not
likely to commit any offence while on bail.
(2) The limitations on granting of bail as specified in sub-section (1) are in addition to the
limitation under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time
being in force, on granting bail.
(3) Nothing contained in this section shall be deemed to affect the special powers of the High
Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974).
13. Contracting parties to Convention.––The Central Government may, by notification, certify
as to who are the contracting parties to the Hague Convention and to what extent they have availed
themselves of the provisions of the Convention, and any such notification shall be conclusive
evidence of the matters certified therein.
14. Power to treat certain aircraft to be registered in Convention countries.––(1) If the
Central Government is satisfied that the requirements of sub-section (2) have been satisfied in relation
to any aircraft, it may, by notification, direct that such aircraft shall, for the purposes of this Act, be
treated as registered in such Convention country as may be specified in the notification.
(2) Where the Convention countries establish joint air transport operating organisations or
international operating agencies, which operate aircraft which are subject to joint or international
registration, shall, by appropriate means, designate for each aircraft, the country among them which
shall exercise the jurisdiction and have the attributes of the country of registry for the purposes of the
Convention and shall give notice thereof to the Secretary General of the International Civil Aviation
Organisation who shall communicate the notice to all Convention countries.
15. Previous sanction necessary for prosecution.––No prosecution for an offence under this Act
shall be instituted except with the previous sanction of the Central Government.
16. Presumption as to offences under sections 3 and 5.––In a prosecution for an offence under
section 3 or section 5, if it is proved that––
(a) the arms, ammunitions or explosives were recovered from the possession of the accused
and there is reason to believe that such arms, ammunitions or explosives of similar nature were
used in the commission of such offence; or
(b) there is evidence of use of force, threat of force or any other form of intimidation caused
to the crew or passengers in connection with the commission of such offence,
the Designated Court shall presume, unless the contrary is proved, that the accused has committed
such offence.
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17. Protection of action taken in good faith.––(1) No suit, prosecution or other legal proceeding
shall lie against any person for anything which is in good faith done or intended to be done in
pursuance of the provisions of this Act.
(2) No suit or other legal proceeding shall lie against the Central Government for any damage
caused or likely to be caused for anything which is in good faith done or intended to be done in
pursuance of the provisions of this Act.
18. Powers of investigating officers to seize or attach property.––(1) Where any officer,
referred to in section 6, while conducting an inquiry or investigation has a reason to believe that any
property, movable or immovable, or both, is relatable to the commission of the offence in relation to
which such inquiry or investigation is being conducted, 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, except with
the prior permission of the officer making such order, and a copy of such order shall be served on the
person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed
by an order of the Designated Court, within a period of forty-eight hours of its being made.
(3) The Designated Court may either confirm or revoke the order of seizure or attachment referred
to in sub-section (2).
(4) Notwithstanding the confirmation of the order by the Designated Court under sub-section (3),
any person aggrieved by the order of attachment made under sub-section (1), may make an
application to the Designated Court for revocation of said order within a period of thirty days from the
date of confirmation of the order under sub-section (3).
19. Confiscation and forfeiture of property.––Where any order is made by the Designated
Court under section 4 for confiscation of movable or immovable property or both, of the accused,
then, such property shall stand forfeited to the Government free from all encumbrances:
Provided that the Designated Court may, during the period of such trial, order that all or any of
the properties, movable or immovable, or both, belonging to the accused be attached, and in case such
trial ends in conviction, then, the property so attached shall stand forfeited to Government free from
all encumbrances.
20. General power to make rules.––(1) The Central Government may, by notification, make
rules for carrying out the provisions of this Act.
(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
21. Repeal and savings.––(1) The Anti-Hijacking Act, 1982 (65 of 1982) is hereby repealed.
(2) The repeal of the said Act shall not affect––
(a) the previous operation of, or anything duly done or suffered under, or any action taken or
purported to have been done or taken including any notification, order or notice made or issued,
or any appointment, confirmation or declaration made or any authorisation granted or any
document or instrument executed or any direction given, under the Act so repealed, shall, in so far
as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken
under the corresponding provisions of this Act; or
(b) any right, privilege or obligation or liability acquired, accrued or incurred under the said
Act; or
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(c) any penalty, forfeiture or punishment incurred in respect of any offence under the said
Act; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid,
and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and
any such penalty, forfeiture or punishment may be imposed as if the said Act had not been repealed