The Suppression Of Unlawful Acts Against Safety Of Civil Aviation Act, 1982

[6th November,1982.]

An Act to give effect to the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation and for matters connected therewith.

WHEREAS a Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation was, on the 23rd day of September, 1971, signed at Montreal;

AND WHEREAS it is expedient that India should accede to the said Convention and make provisions for giving effect thereto and for matters connected therewith;

BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:–

CHAPTER I
PRELIMINARY

Short title, extent, application and commencement.

1.(1)This Act may be called the /suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982.

(2)It extends to the whole of India, and save as otherwise provided in this Act, it applies also to any offence under section 3 committed outside India by any person.

(3)It shall come into force on such date {15 -1- 1982 :vide Notification No.S.O.779(E), dated 12-11-1982 , Gazette of India ,1982, extraordinary ,Pt.II, Sec.3 (ii) } as the Central Government may, by notification in the Official Gazette, appoint.

2.Definitions.- (1)In this Act, unless the context otherwise requires,–

(a)”aircraft” means any aircraft, whether or not registered in India, other than a military aircraft ran aircraft used in customs or police service;

(b)”aircraft” registered in India” means an aircraft which is for the time being registered in India;

(c)”Convention country” means a country in which the Montreal Convention is for the time being in force;

(d)”military aircraft” means an aircraft of the naval, military, air force or any other armed forces of any country and includes every aircraft commanded for the time being by a person in such force detailed for the purpose;

(e)”Montreal Convention” means the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation signed at Montreal on the 23rd day of September, 1971.

(2)For the purposes of this Act,–

(a)an aircraft shall be deemed to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation, and in the case of a forced landing, the flight shall be deemed to continue until the competent authorities of th country in which such forced landing takes place take over the responsibility for the aircraft and for persons and property on board;

(b)an aircraft shall be deemed to be in service form the beginning of the pre-flight preparation of the aircraft by the ground staff or by the crew for a specific flight until twenty-four hours after any landing and the period of such service shall include the entire period during which the aircraft is in flight.

CHAPTER II

OFFENCES

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 o 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 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.

5.Jurisidiction.- (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 cognisance of an offence punishable under sectio9n 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 if 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.

CHAPTER III
MISCELLANEOUS

6.Provisions as to extradition.- (1)The offences under section 3 and section 4 shall be deemed to have been included as extractable 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 applications 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.

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 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 instituted except with the previous sanction of the Central Government.

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.

URL:http://www.indianrailways.gov.in/RPF/Files/law/BareActs/unlawful1982.htm