Page:Anti-hijacking Act, 2016 on Gazette of India.pdf/4

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and the movable and immovable property of such person shall also be liable to be confiscated.

5. Whoever, being a person committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act of violence against any passenger or member of the crew of such aircraft, shall be punished with the same punishment with which he would have been punishable under any law for the time being in force in India if such act had been committed in India.

6. (1) For the purposes of this Act, the Central Government may, notwithstanding anything contained in the Code of Criminal Procedure, 1973, by notification, confer on any officer of the Central Government or any officer of the Agency, powers of arrest, investigation and prosecution exercisable by a police officer under the said Code.

(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.

7. (1) Subject to the provisions of sub-section (2), where an offence under section 3 or section 5 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 or section 5 which is committed outside India unless,––
 * (a) such offence is committed within the territory of India;
 * (b) such offence is committed against or on board an aircraft registered in India;
 * (c) such offence is committed on board and the aircraft in which the offence is committed lands in India with the alleged offender still on board;
 * (d) such offence is committed against or 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 is in India;
 * (e) such offence is committed by or against a citizen of India;
 * (f) such offence is committed by a stateless person whose habitual residence is in the territory of India;
 * (g) such offence is committed by the alleged offender who is present in India but not extradited under section 11.

8. (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, specify a Court of Sessions to be a Designated Court for such area or areas as may be specified in the notification.

(2) Notwithstanding the provisions of sub-section (1), the Special Court Constituted under section 11 or, as the case may be, under section 22 of the National Investigation Agency Act, 2008 shall be the Designated Court for the purposes of this Act in case where the power of arrest, investigation and prosecution is exercised by the Agency under sub-section (1) of section 6.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis.

9. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—
 * (a) all offences under this Act shall be triable by the Designated Court referred to in section 8.
 * (b) where a person who is accused or suspected of the commission of an offence under this Act is forwarded to the Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973, such Magistrate may authorise detention of such person in such custody, as he thinks fit, for a period not exceeding thirty days in the whole, where such Magistrate is a Judicial Magistrate, and seven days in the whole, where such Magistrate is an Executive Magistrate: