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 (34 of 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.
1
[6A. 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 the Public Prosecutor opposes the application, the 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 specified in sub-section (1) are in addition to the limitations
under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on
granting of 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).]
7. Contracting parties to Convention.—The Central Government may, by notification in the
Official Gazette, certify as to who are the contracting parties to the Montreal 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.
8. Power to treat certain aircraft to be registered in Convention countries.—If the Central
Government is satisfied that the requirements of Article 9 of the Montreal Convention have been satisfied
in relation to any aircraft, it may, by notification in the Official Gazette, direct that such aircraft shall, for
1. Ins. by Act 40 of 1994, s. 5 (w.e.f. 19-9-1996).
6
the purposes of this Act, be treated as registered in such Convention country as may be specified in the
notification.
9. 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.
1
[9A. Presumptions as to offences under sections 3, 3A and 4.—In a prosecution for an offence
under sections 3, 3A and 4, if it is proved—
(a) that the arms, ammunition or explosives were recovered from the possession of the accused
and there is reason to believe that such arms, ammunition or explosives of similar nature were used in
the commission of such offence; or
(b) that there is evidence of violence committed by the accused against any person in connection
with the commission of such offence,
the Designated Court shall presume, unless the contrary is proved that the accused had committed such
offence.]
10. 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.