New Delhi: Disgruntled husband Nasrudeen, who made a hoax call to IGI, has been booked under a lenient section so far. However, anyone making such hoax calls runs the risk of being prosecuted under the new, stringent anti-hijacking law. That is because the 2016 law, enacted a year later, doesn’t make a distinction between actual act of hijacking an aircraft and an act that derails the scheduled flight of the aircraft.
Legal experts point to Section 3(1) of the new Act that gives teeth to investigators to treat a hoax call as almost an act of terror and urge the court to hand over life term to the culprit. As early as in July this year, a special anti-terror court had sentenced a person, who threatened to hijack a Delhi-bound Jet Airways flight in 2017, to life imprisonment. The convict was also slapped with a fine of Rs 5 crore for violations of various provisions of Anti-Hijacking Act, 2016. The new anti-hijacking law prescribes capital punishment in the event of death of any person on board a flight or a security personnel. In case of Nasrudeen, while there was no threat of hijack, the fake claim of a fidayeen bomber’s presence led to change in plan of the aircraft, inviting the strict provisions of this law.
The 2016 Anti-Hijacking Act replaces a 1982-vintage law, according to which hijackers could be tried only in the event of death of hostages, such as flight crew, passengers and security personnel.
“Under the new law, definition has been expanded to include death of security personnel on board or ground support staff as well. In case of no deaths, the accused will be punished with imprisonment for life and fine, besides confiscation of movable and immovable property held by him or her. The 2016 Act also includes several acts within the definition of hijacking, including making a threat, hoax, attempts or abetment to commit the offence,” says a Delhi-based prosecutor.
18/08/19 Abinav Garg/Times of India
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Legal experts point to Section 3(1) of the new Act that gives teeth to investigators to treat a hoax call as almost an act of terror and urge the court to hand over life term to the culprit. As early as in July this year, a special anti-terror court had sentenced a person, who threatened to hijack a Delhi-bound Jet Airways flight in 2017, to life imprisonment. The convict was also slapped with a fine of Rs 5 crore for violations of various provisions of Anti-Hijacking Act, 2016. The new anti-hijacking law prescribes capital punishment in the event of death of any person on board a flight or a security personnel. In case of Nasrudeen, while there was no threat of hijack, the fake claim of a fidayeen bomber’s presence led to change in plan of the aircraft, inviting the strict provisions of this law.
The 2016 Anti-Hijacking Act replaces a 1982-vintage law, according to which hijackers could be tried only in the event of death of hostages, such as flight crew, passengers and security personnel.
“Under the new law, definition has been expanded to include death of security personnel on board or ground support staff as well. In case of no deaths, the accused will be punished with imprisonment for life and fine, besides confiscation of movable and immovable property held by him or her. The 2016 Act also includes several acts within the definition of hijacking, including making a threat, hoax, attempts or abetment to commit the offence,” says a Delhi-based prosecutor.
18/08/19 Abinav Garg/Times of India
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