The Tokyo Convention Act, 1975
The Tokyo Convention Act, 1975
The Tokyo Convention Act, 1975 refers to the domestic legislation enacted to give effect to the Tokyo Convention on Offenses and Certain Other Acts Committed on Board Aircraft, 1963. This international treaty addresses crimes and unlawful acts that occur on board aircraft during international flights.
Purpose:
The primary aim of the Tokyo Convention is to ensure safety and security on international flights by providing jurisdictional rules and powers to the aircraft commander and state authorities to deal with offenses committed onboard.
Key Provisions:
Jurisdiction:
The Convention gives jurisdiction to the state of aircraft registration to try offenses committed on board. It also recognizes the jurisdiction of states where the aircraft lands.
Authority of the Aircraft Commander:
The aircraft commander (pilot in command) is empowered to take reasonable measures, including restraint or disarming of offenders, to maintain order and safety on the aircraft.
Offenses Covered:
The Convention deals with offenses such as hijacking, assault, sabotage, or any acts jeopardizing the safety of the aircraft or its passengers.
Obligation to Deliver Offenders:
States where the aircraft lands must take custody of offenders delivered by the aircraft commander and proceed with prosecution or extradition as per domestic laws.
Exemptions and Limitations:
The Convention excludes certain offenses covered by other treaties (e.g., hijacking under the Hague Convention) and respects state sovereignty.
Summary Table of The Tokyo Convention Act, 1975
| Aspect | Details |
|---|---|
| Full Name | Tokyo Convention Act, 1975 |
| Based On | Tokyo Convention on Offenses on Aircraft, 1963 |
| Purpose | To provide legal framework for dealing with crimes onboard aircraft |
| Jurisdiction | State of aircraft registration, and states of landing |
| Authority Granted | Aircraft commander can take reasonable measures to maintain safety |
| Types of Offenses | Crimes jeopardizing aircraft safety and order |
| Handling Offenders | Offenders must be handed over to authorities at landing state |
| Exemptions | Some offenses covered by other treaties are excluded |
| International Scope | Applies to offenses on aircraft engaged in international flights |
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