(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 (/) for the purpose of providing for speedy trial, the state government shall, with designated court 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 ) 34 of 2008 (2) notwithstanding the provisions of sub-section (/), 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 (/) of section 6 2 of 1974 (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 15 2 of 1974 9, (7) 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, offences triable by designated court (6) 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 20 2 of 1974 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, fora 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: provided that the magistrate may, if he considers that the detention of such 25 person is not required,— (0 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, 0 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 (4), the same power which a magistrate having jurisdiction to try a zase 2 of 1974 may exercise under section 167 of the code of criminal procedure, 1973, in relation to an accused person in such case who has been forwarded to him under that section; (d) the designated court may, upon perusal of the report filled by the agency or 35 a complaint made by an officer of the central government, or the state government, as the case may be, authorised in this behalf, take cognizance of the offence without the accused being committed to it for trial (2) when trying an offence under this act, a designated court may also try an offence 2 of 1974, other than an offence under this act, which the accused may, under the code of criminal 40 procedure, 1973, be charged at the same trial, 2 of 1974, 10 save as otherwise provided in this act, the provisions of the code of criminal procedure, 1973 shall apply to the proceedings before a designated court and the person conducting a prosecution before a designated court shall be deemed to be a public prosecutor application of code to proceedings before designated court  miscellaneous11 (/) the offences under section 3 and section 5 shall be deemed to have been provisions as to extradition, 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 $0 |             |                 |             |             |             |            |               |             |            |              |               |           | 34          | of         | 1962     ||-------------|-----------------|-------------|-------------|-------------|------------|---------------|-------------|------------|--------------|---------------|-----------|-------------|------------|----------|| (2)         | for             | the         | purposes    | of          | the        | application   | of          | the        | extradition  | act,          | 1962      | to          | offences   | under    || this        | act,            | any         | aircraft    | registered  | in         | a             | convention  | country    | shall,       | at            | any time  | while       | that       | aircraft || is          | in              | service,    | be          | deemed      | to         | be            | within      | the        | jurisdiction | of            | that      | country,    | whether    | or       || the         | time            | being       | also        | within      | the        | jurisdiction  | of          | any        | other        | country      |           |             |            |          || (3)         | none            | of          | the         | offences    | mentioned  | in            | section     | 3          | shall be     | regarded,     | for       | the         | purposes   | of       || extradition | or              | mutual      | legal       | assistance, | as         | a             | political   | offence    | or as        | an            | offence   | connected   | with       |          || a           | political       | offence     | or          | as          | an         | offence       | inspired    | by         | political    | motives       | and       | a           | request    | for      || or          | for             | mutual      | legal       | assistance  | based      | on            | such        | an         | offence      | shall         | not       | be          | refused    | on       || ground      | that            | it          | concerns    | a           | political  | offence       | or          | an         | offence      | connected     | with      | a           | political  | offence  || 10          | an              | offence     | inspired    | by          | political  | motives      |             |            |              |               |           |             |            |          || 2           |                 |             |             |             |            |               |             |            |              |               |           |             |            |          || provision   | as              |             |             |             |            |               |             |            |              |               |           |             |            |          || of          | 1974            |             |             |             |            |               |             |            |              |               |           |             |            |          || 12 (/)     | notwithstanding | anything    | contained   | in          | the        | code          | of          | criminal   | procedure,   | 1973,         |           |             |            |          || to bail    |                 |             |             |             |            |               |             |            |              |               |           |             |            |          || no          | person          | accused     | of          | an          | offence    | punishable    | under       | this       | act          | shall,        | if        | in          | custody,   | be       || on          | bail            | or          | on          | his         | own        | bond,         | unless,—-   |            |              |               |           |             |            |          || (a) the     | public          | prosecutor  | has         | been        | given      | an            | opportunity | to         | oppose       | the           |           |             |            |          || 1s          | application     | for         | such        | release;    | and        |               |             |            |              |               |           |             |            |          || (6)         | where           | public      | prosecutor  | opposes     | the        | application,  | the         | designated | 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          | as          | specified  | in           | sub-section   | (/) are   | in          | addition   | to       || 2           |                 |             |             |             |            |               |             |            |              |               |           |             |            |          || of          | 1974,           |             |             |             |            |               |             |            |              |               |           |             |            |          || 20 the      | limitation      | under       | the         | code        | of         | criminal      | procedure,  | 1973,      | or           | any           | other law | for the     | time       | being    || in          | force,          | on          | granting    | bail       |            |               |             |            |              |               |           |             |            |          || (3)         | nothing         | contained   | in          | this        | section    | shall         | be          | deemed     | to           | affect        | the       | special     | powers     | of       || 5           |                 |             |             |             |            |               |             |            |              |               |           |             |            |          || of          | 1974           |             |             |             |            |               |             |            |              |               |           |             |            |          || the         | high            | court       | regarding   | bail        | under      | section       | 439         | of         | the          | code          | of        | criminal    | procedure, | 1973    || 13,         | the             | central     | government  | may,        | by         | notification, | certify     | as         | to           | who           | are the   | contracting |            |          || contracting |                 |             |             |             |            |               |             |            |              |               |           |             |            |          || parties     | to              |             |             |             |            |               |             |            |              |               |           |             |            |          || convention |                 |             |             |             |            |               |             |            |              |               |           |             |            |          || 25          | parties         | to          | the         | hague       | 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,    |             |             |            |               |             |            |              |               |           |             |            |          || power       | to              |             |             |             |            |               |             |            |              |               |           |             |            |          || 14         | (/)             | if          | the         | central     | government | is            | satisfied   | that       | the          | requirements  | of        | sub-section | (2)        |          || have been   | satisfied       | in          | relation    | to          | any        | aircraft,     | it          | may,       | by           | notification, | direct    | that        | such       | aircraft |rs 3 shall, for the purposes of this act, be treated as registered in such convention country as may be specified in the notification, |            | treat    | certain    ||------------|----------|------------|| airerafl   | (0       | be         || registered | in       |            || convention |          |            || countries |          |            || (2)        | where    | the        |or international operating agencies, which operate aircraft which are subject to joint or international registration, shall, by appropriate means, designate for each aircraft, the country 35 among them which shall exercise the jurisdiction and have the attributes of the country of registry for the purposes of the convention and shall give notice thereof to the secretary general of the international civil aviation organisation who shall communicate the notice to all convention countries, 15, no prosecution for an offence under this act shall be instituted except with the 40 previous sanction of the central government previous sanction necessary for prosecution, presumption 16 ina_ prosecution for an offence under section 3 or section 5, if itis proved that- (a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives as to offences under sections 3 and 5of similar nature were used in the commission of such offence; or 45 (6) there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence, the designated court shall presume, unless the contrary is proved, that the accused has committed such offence | protection    | of    ||---------------|-------|| action        | taken || in            | good  |17 (7) 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 intendedto 5 be done in pursuance of the provisions of this act 18 (/) where any officer, referred to in section 6, while conducting an inquiry or investigation has a reason to believe that any property, movable or immovable, or both, is relatable to the commission of the offence in relation to which such inquiry or investigation is being conducted, is likely to be concealed, transferred or dealt with in any manner which | powers        | of    ||---------------|-------|| investigating |       || officers      | to    || seize         | or    || attach        |       || property     |       |will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned, 18 (2) any order made under sub-section (/) shall have no effect unless the said order is confirmed by an order of the designated court, within a period of forty-eight hours of its being made (3) the designated court may either confirm or revoke the order of seizure or attachment referred to in sub-section (2), 20 (4) notwithstanding the confirmation of the order by the designated court under sub-section (3), any person aggrieved by the order of attachment made under sub-section (/), may make an application to the designated court for revocation of said order within a period of thirty days from the date of confirmation of the order under sub-section (3) 19 where any order is made by the designated court under section 4 for confiscation 25 confiscation and forfeiture of property of movable or immovable property or both, of the accused, then, such property shall stand forfeited to the government free from all encumbrances: provided that the designated court may, during the period of such trial, order that all or any of the properties, movable or immovable, or both, belonging to the accused be attached, and in case such trial ends in conviction then, the property so attached shall stand 30 forfeited to government free from all encumbrances 20 (7) the central government may, by notification, make rules for carrying out the provisions of this act general power to make rules (2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total 35 period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or successive sessions aforesaid, both houses agree in making any modification in the rule of both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 40 modification or annulment shall be without prejudice to the validity of anything previously done under that rule 21 (/) the anti-hijacking act, 1982 is hereby repealed repeal and savings (2) the repeal of the said act shall not affect— (a) the previous operation of, or anything duly done or suffered under, or any 45 action taken or purported to have been done or taken including any notification, order or notice made or issued, or any appointment, confirmation or declaration made or any authorisation granted or any document or instrument executed or any direction given, under the act so repealed, shall, in so far as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions $0 of this act; or 0 65 of 1982(6) any right, privilege or obligation or liability acquired, accrued or incurred under the said act; or (c) any penalty, forfeiture or punishment incurred in respect of any offence under the said act; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said act had not been repealed statement of objects and reasons'the hijacking incidents which have taken place in the recent past including the hijacking of indian airlines flight no 1c-814 in 1999 and the hijacking incident in the united states of america on the | ]th september, 2001 have shown civilian aircrafts being used as missiles for causing mass destruction subsequent attempts worldwide to hijack aircrafts and threats by the outlawed groups or organisations have necessitated a fresh and thorough examination of the preparedness of all concerned to face such exigencies, it has, therefore, become necessary to reassess the strengths and weaknesses of the existing strategies for handling such exigencies, 2 further, the beijing protocol, 2010 to which india is a signatory, brought out new offences, enlarging the scope of hijacking, expanding the jurisdiction and strengthening extradition and mutual assistance regimes and hence requiring comprehensive amendments to the anti hijacking act, 1982 (65 of 1982) the present law has insufficient penalties to deal with these new situations and is not deterrent enough to offenders and therefore, it is necessary to cover all aspects of hijacking by offenders and conspirators and to make the law more stringent by award of death penalty for such offences therefore, a need is felt to enact a new legislation by repealing the anti-hijacking act, 1982 3 the anti-hijacking bill, 2014, inter-alia, seeks— (a) to expand the scope of the definition of hijacking; (b) to define the term "in-service" so as to cover the offence against aircraft even when it is on the ground or under preparation for departure; (c) to provide capital punishment to all offenders including hijackers whose actions result in deaths of hostages and security men while carrying out the act of hijacking; (d) to provide capital punishment to conspirators and abductors, besides hijackers, for any of the offences committed under the act so that all persons involved directly or indirectly in hijacking get similar punishment, (e) to include confiscation of movable and immovable property belonging to offenders as part of the punishment; (f) to widen the provisions relating to jurisdiction and extradition: (g) to confer powers of arrest, investigation and prosecution on officers of the central government and to empower them to seize and attach the properties belonging to offenders; (h) to provide that all offences under the act shall be triable only by the designated court; 4, the bill seeks to achieve the above objects new delht, ashok gajapathi raju pasupati , the 10th december, 2014 financial memorandumsub-clause (1) of clause 6 empowers the central government to confer on any officer of the central government with the powers of arrest, investigation and prosecution exercisable by a police officer under the code of criminal procedure, 1973 as the bill proposes to utilise the existing machinery of the government and not create any new post, no additional expenditure of recurring or non-recurring nature is envisaged sub-clause (1) of clause 8 empowers the state government to specify, by notification, and with the concurrence of the chief justice of the high court, a court of sessions to be a designated court, for the purpose of providing speedy trial therefore, no additional expenditure for this purpose is also envisaged since the bill proposes to utilise the existing machinery of the government and existing courts as designated courts, there would not be any additional expenditure involved therefore, the provisions of the bill, if enacted and brought into operation, would not involve any additional expenditure from the consolidated fund of india