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Section 11 of The Anti-Hijacking Act, 2016.

(1)The offences under section 3 and section 5 shall be deemed to have been 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.
(2)For the purposes of the application of the Extradition Act, 1962 (34 of 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 not it is for 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 extradition or for mutual legal assistance based on such an offence shall not be refused on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives.

Summary

Hijacking (Section 3) and related violence (Section 5) are automatically included as "extraditable offences" in India's treaties with other Convention countries.
For extradition purposes, an aircraft from a Convention country is considered part of that country's territory while it is "in service."
Hijacking cannot be treated as a "political offence."
A request for extradition or help cannot be refused just because someone claims the crime was inspired by political motives.

Practical examples

1A hijacker flees to a Convention country that has an old treaty with India. Even if hijacking wasn't in the original treaty from 1990, Section 11 automatically adds it so India can request the criminal's return in 2026.

2In 2027, an offender claims they took over a plane to make a political statement and asks a foreign government to refuse India's extradition request. Under Section 11, that government cannot use the "political motive" excuse to deny the request.

FAQ

1. What does "in service" mean for an aircraft's jurisdiction?

It means the aircraft is deemed to be within the jurisdiction of its home country while it is in service, even if it is currently in another country.

2. Can mutual legal assistance be refused for political reasons?

No, requests for help cannot be refused solely because the crime is claimed to be political.

Test yourself

Q1.Under Section 11 of The Anti-Hijacking Act, 2016, hijacking is NOT to be regarded as which type of offence?

Q2.According to Section 11 of The Anti-Hijacking Act, 2016, where is an aircraft registered in a Convention country deemed to be?

Q3.Under Section 11 of The Anti-Hijacking Act, 2016, which sections of the Act are deemed to be included in extradition treaties?

Q4.How does Section 11 of The Anti-Hijacking Act, 2016, affect requests for mutual legal assistance?

Q5.In The Anti-Hijacking Act, 2016, how does Section 11 influence the jurisdiction rules in Section 7?

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