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Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Complete Act

Title: Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982

State: Central

Year: 1982

Preamble1 - SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 Chapter I Section1 - Short title, extent, application and commencement Section2 - Definitions Chapter II Section3 - Offence of committing violence on baord an aircraft in flight, etc. Section3A - Offence at airport Section4 - Destruction of, or damage to, air navigation facilities Section5 - Jurisdiction Section5A - Conferment of powers of investigation, etc. Section5B - Designated Courts Section5C - Offences triable by Designated Court Section5D - Application of the Code to proceedings before a Designated Court Chapter III Section6 - Provisions as to extradition Section6A - Provision as to bail Section7 - Contracting parties to Convention Section8 - Power to treat certain aircraft to be registered in convention countries Section9 - Previous sanction necessary for prosecution Section9A - Presumptions as to offences under sections 3, 3A and 4 Section10 - Protection of action taken in good faith

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Preamble 1

Title: Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982

State: Central

Year: 1982

THE SUPPRESSION OF UNLAWFUL ACTS AGAINST SAFETY OF CIVIL AVIATION ACT, 1982 [Act, No. 66 of 1982] [6th November, 1982] PREAMBLE An Act to give effect to the Convention for the Suppression of Unlawful Act 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:

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Complete Act

State: Central

Year: 1982

.....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. SECTION 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 of intended to be done in pursuance of the provisions of this Act. Central Bare Acts

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Chapter II

Title: Offences

State: Central

Year: 1982

.....in the Code of Criminal Procedure, 1973, (a) all offences under this Act shall be triable only by the Designated Court specified under sub­section (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 (2 A) of section 167 of the Code of Criminal Procedure, 1973, 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.....

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 3

Title: Offence of Committing Violence on Baord an Aircraft in Flight, Etc.

State: Central

Year: 1982

(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 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) communicate 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.

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Chapter I

Title: Preliminary

State: Central

Year: 1982

.....in India" means an aircraft which is for the time beingregistered in India; 1 [(bb) "airport" means an aerodrome asdefined in clause (2) of section 2 of the Aircraft Act, 1934;] (c) "Conventioncountry" means a country in which the Montreal Convention is for the timebeing in force; (d) "militaryaircraft" means an aircraft of the naval, military, air force or any otherarmed forces of any country and includes every aircraft commanded for the timebeing by a person in such force detailed for the purpose; (e) "MontrealConvention" means the Convention for the Suppression of Unlawful Actsagainst the Safety of Civil Aviation signed at Montreal on the 23rd day ofSeptember, 1971. (2) For the purposes ofthis Act,- (a) an aircraft shall bedeemed to be in flight at any time from the moment when all its external doorsare closed following embarkation until the moment when any such door is openedfor disembarkation, and in the case of a forced landing, the flight shall bedeemed to continue until the competent authorities of the country in which suchforced landing takes place take over the responsibility for the aircraft and forpersons and property on board; (b) an aircraft.....

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 2

Title: Definitions

State: Central

Year: 1982

.....in India" means an aircraft which is for the time beingregistered in India; 1 [(bb) "airport" means an aerodrome asdefined in clause (2) of section 2 of the Aircraft Act, 1934;] (c) "Conventioncountry" means a country in which the Montreal Convention is for the timebeing in force; (d) "militaryaircraft" means an aircraft of the naval, military, air force or any otherarmed forces of any country and includes every aircraft commanded for the timebeing by a person in such force detailed for the purpose; (e) "MontrealConvention" means the Convention for the Suppression of Unlawful Actsagainst the Safety of Civil Aviation signed at Montreal on the 23rd day ofSeptember, 1971. (2) For the purposes ofthis Act,- (a) an aircraft shall bedeemed to be in flight at any time from the moment when all its external doorsare closed following embarkation until the moment when any such door is openedfor disembarkation, and in the case of a forced landing, the flight shall bedeemed to continue until the competent authorities of the country in which suchforced landing takes place take over the responsibility for the aircraft and forpersons and property on board; (b) an aircraft.....

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 3A

Title: Offence at Airport

State: Central

Year: 1982

1 [3-A. Offence at airport (1) Whoever, at anyairport, unlawfully and intentionally, using any device, substance or weapon,- (a) commits an act of violence which is likely tocause grievous hurt or death of any person; or (b) destroys or seriouslydamages any aircraft or facility at an airport or disrupts any service at theairport. endangering or threateningto endanger safety at that airport, shall be punished with imprisonment for lifeand shall also be liable to fine. (2) Whoever attempts tocommit, or abets the commission of, any offence under sub-section (1) shall alsobe deemed to have committed such offence and shall be punished with thepunishment provided for such offence.] ________________________ 1. Insertedby Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40of 1994), S. 3 (1-10-1996).

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Chapter III

Title: Miscellaneous

State: Central

Year: 1982

..... ________________________ 1. Inserted by Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40 of 1994), S. 5 (1-10-96). Section 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. Section 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. Section 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. Section 9A - Presumptions as to offences under.....

Suppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 9A

Title: Presumptions as to Offences Under Sections 3, 3a and 4

State: Central

Year: 1982

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.] ________________________ 1. Inserted by Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40 of 1994), S. 6 (1-10-96).