S.1 Short title, extent and commencement

       (1) This Act may be called the Tokyo Convention Act, 1975.
       (2) It extends to the whole of India.
       (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
        
       --------------------------
        1. Came into force on 1-1-1976.

S.2 Definitions

       (1) In this Act, unless the context otherwise requires,—"
       (a) “aircraft” means any aircraft, whether or not registered in India, other than—
       (i) a military aircraft; or
       (ii) an aircraft belonging to, or exclusively employed in the service of, the State;
       (b) “appropriate authority” means—
       (i) in relation to India, any police officer not below the rank of an Assistant Sub-Inspector or any Immigration Officer, and
       (ii) in relation to any other country, being a Convention country, any officer having functions corresponding to the functions in India either of a police officer not below the rank of an Assistant Sub-Inspector or of an Immigration Off

S.3 Application of criminal law to aircraft

       (1) Any act or omission taking place on board an Indian registered aircraft while in flight elsewhere than in or over India which, if taking place in India, would constitute an offence under any law in force in India shall constitute that offence;
       Provided that this sub-section shall not apply to any act or omission which is expressly or impliedly authorised by or under any law of a country outside India, where the aircraft is in flight.
       (2) No proceedings for an offence under any law in force in India, committed on board an aircraft while in flight elsewhere than in or over India [other than an offence under the Aircraft Act, 1934 (22 of 1934)] shall be instituted except by or with the consent of the Central Government.
       (3) Nothing contained in sub-section (2) shall prevent the arrest, or the

S.4 Provisions as to Extradition Act

       For the purposes of application of the Extradition Act, 1962 (34 of 1962), to crimes committed on board an aircraft in flight, any aircraft registered in a Convention country shall, at any time while that aircraft is in flight, be deemed to be within the jurisdiction of that country, whether or not it is for the time being also within the jurisdiction of any other country.

S.5 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—
       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 aircraft; 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 und

S.6 Jurisdiction

       (1) For the avoidance of doubt, it is hereby declared that for the purpose of any proceedings before a court in India, any court having jurisdiction in respect of piracy committed on the high seas shall have jurisdiction in respect of offences and other acts committed on board an aircraft as described in this Act wherever that offence or act is committed.
       (2) For the purposes of conferring jurisdiction, an offence under any law in force in India, committed on board an aircraft in flight shall be deemed to have been committed in any place in India where the offender may for the time being be.

S.7 Provisions as to evidence in connection with aircraft

       (1) Where in any proceedings before a court in India for an offence or other act committed on board an aircraft the testimony of any person is required and the court is satisfied that the person in question cannot be found in India, there shall be admissible in evidence before that court any deposition relating to the subject-matter of those proceedings previously made on oath by that person outside India which was so made—
       (a) in the presence of the person charged with the offence; and
       (b) before a judge or a magistrate of a country such as is mentioned in the First Schedule to the Citizenship Act, 1955 (57 of 1955) or before a consular officer of the Central Government.
       (2) Any such deposition shall be authenticated by the signature of the judge, magistrate or consular officer before

S.8 Provisions as to documentary evidence

       (1) In any legal proceedings under this Act, a document published by the Ministry of the Central Government dealing with Civil Aviation and purporting to be the publication known as “Aeronautical Information Publication” or a publication of the series known as “Notam” and “Aeronautical Information Circular” shall be evidence of the matters appearing from that document.
       (2) Any message or signal transmitted to or received from an aircraft which relates to the position of the aircraft will be treated as evidence of certain records and shall apply to any legal proceedings.

S.9 Power to apply the provisions of Act with modifications to certain aircraft

       The Central Government may, by notification in the Official Gazette, direct that all or any of the provisions of this Act shall apply to an aircraft referred to in sub-clause (B) of clause (e) of sub-section (1) of section 2, subject to such modifications as may be specified in the notification.

S.10 Contracting parties to Convention

       The Central Government may, by notification in the Official Gazette, certify as to who are the contracting parties to the Tokyo Convention and to what extent they have availed themselves of the provisions of the Convention, and any such notification by the Central Government shall be conclusive evidence of the matters certified therein.

S.11 Power to treat certain aircraft to be registered in Convention country

       If the Central Government is satisfied that the requirements of Article 18 of the Tokyo 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.