3. Offence of committing violence on board 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 an 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) communicates 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.
1
[3A. Offence at airport.—(1) Whoever, at any airport, unlawfully and intentionally, using any
device, substance or weapon,—
(a) commits an act of violence which is likely to cause grievous hurt or death of any person; or
(b) destroys or seriously damages any aircraft or facility at an airport or disrupts any service at the
airport,
endangering or threatening to endanger safety at that airport, 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.]
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.
1. Ins. by Act 40 of 1994, s. 3 (w.e.f. 19-9-1996).
4
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.
1
[5A. Conferment of powers of investigation, etc.—(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), for the purposes of this Act, the Central Government may,
by notification in the Official Gazette, confer on any officer of the Central Government, powers of arrest,
investigation and prosecution exercisable by a police officer under the Code of Criminal Procedure, 1973.
(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.
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 (2 of 1974), a
Designated Court shall, as far as practicable, hold the trial on a day-to-day basis.
5C. Offences triable by Designated Courts.—(1) Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974),—
(a) all offences under this Act shall be triable only by the Designated Court specified under
sub-section (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 (2A) of section 167 of the Code of
Criminal Procedure, 1973 (2 of 1974), 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
1. Ins. by Act 40 of 1994, s. 4 (w.e.f. 19-9-1996).
5
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) 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
(2 of 1974), be charged at the same trial.
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(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.]