Tokyo Convention Act,1975
Act No : 20
Section : POWERS OF COMMANDER OF AIRCRAFT
SECTION 05: POWERS OF COMMANDER OF AIRCRAFT
(1) If the commander of an aircraft in flight, wherever the aircraft may be, has reasonable grounds to believe in respect of any person on board the aircraft -
(a) that the person in question has done or is about to do any act on the aircraft while it is in flight which jeopardises or may jeopardise-
(i) the safety of the aircraft or of persons or property on board the air- craft; or
(ii) the good order and discipline on board the aircraft; or
(b) that the person in question has done on the aircraft while in flight any act which in the opinion of the commander is an offence under any law in force in the country in which the aircraft is registered, not being a law of a political nature or based on racial or religious discrimination, then, subject to the provisions of sub-section (4), the commander may take with respect to that person such reasonable measures, including restraint of his person; as may be necessary-
(i) to protect the safety of the aircraft or of persons or property on board the aircraft; or
(ii) to maintain good order and discipline on board the aircraft; or
(iii) to enable the commander to disembark or deliver that person in accordance with the provisions of sub-section (5).
(2) The aircraft commander may require the assistance of other crew members and may request, but not require, the assistance of passengers or authorise other crew members and passengers, to restrain any person whom he is entitled to restrain.
(3) Any crew member or passenger may also take reasonable preventive measures without any authorisation under sub-section (2) when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft or of persons or property therein.
(4) Any restraint imposed on any person on board an aircraft under the powers conferred by the foregoing provisions of this section shall not be continued after the time when the aircraft first thereafter ceases to be in flight unless before or as soon as is reasonably practicable after that time, the commander of the aircraft causes notification of the fact that a person on board the aircraft is under restraint and of the reasons therefor to be sent to the appropriate authority of the country in which the aircraft so ceases to be in flight but subject to such notification may be continued after that time-
(a) for any period (including the period of any further flight) between that time and the first occasion thereafter on which the commander is able with any requisite consent, of the appropriate authorities to disembark or deliver the person under restraint in accordance with the provisions of sub-section (5); or
(b) if the person under restraint agrees to continue his journey under restraint on board that aircraft,
(5) The commander of an aircraft,-
(a) if, in the case of any person on board the aircraft, he has reasonable grounds-
(i) to believe as mentioned in clause (a) of sub-section (1); and
(ii) to believe that it is necessary so to do in order to protect the safety of the aircraft or of persons or property on board the aircraft or to
maintain good order and discipline on board the aircraft, may disembark that person in any country in which that aircraft may be; and
(b) if, in the case of any person on board the aircraft, he has reasonable grounds to believe as mentioned in clause (b) of sub -section (1) may deliver that person to the appropriate authority,
(6) The commander of an aircraft-
(a) if he disembarks any person in pursuance of clause (a) of sub-section (5), in the case of an Indian registered aircraft, in any country or, in the case of any other aircraft, in India, shall report the fact of, and the reasons for, that disembarkation to-
(i) the appropriate authority in the country of disembarkation; and
(ii) the appropriate diplomatic or consular officer of the country of nationality of that person;
(b) if he intends to deliver any person in pursuance of clause (b) of sub- section (5) in India, or in the case of an Indian registered aircraft, in any other country which is a Convention country, shall before or as soon as reasonably practicable after landing give notification of his intention and of the reasons therefor-
(i) to the appropriate authority; and
(ii) in either case, to the appropriate diplomatic or consular officer of the country of nationality of that person; and any commander of an aircraft who without reasonable cause fails to comply with the requirements of this sub-section shall be liable on summary conviction to a fine not exceeding one thousand rupees.
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