Civil Aviation Act, 1959

Inserted by Second Amendment.9A. Offences and Penalties: (1) If any of the following acts are committed, it shall be deemed that the respective offences have been committed: -

(a) Offence relating to Unauthorized Entry: If any aircraft enters Nepal omitted by Republic Strengthening and Some Nepal Laws Amending Act, 2066. without obtaining permission under this Act or prevailing law, it shall be deemed to have committed the offence of unauthorized entry.

(b) Offence relating to Airspace Trespass: If any aircraft overflies the territory of Nepal omitted by Republic Strengthening and Some Nepal Laws Amending Act, 2066. without obtaining permission under prevailing law, it shall be deemed to have committed the offence of airspace trespass.

(c) Offence of Unlawful Seizure and Hijacking of Aircraft: If anyone, within an aircraft in flight, unlawfully, by use of force or threat of use of force or by any other kind of intimidation, seizes or exercises control of the aircraft, it shall be deemed to have committed the offence of unlawful seizure and hijacking of aircraft.

(d) Offence against Safety of Flight: If any of the following acts are committed, it shall be deemed to have committed an offence against the safety of flight: -

(1) If a violent act is committed against any person within an aircraft in flight, or if such act is likely to endanger the safety of the aircraft,

(2) If an aircraft in service is destroyed, or damage is caused to such aircraft rendering it incapable of flight or likely to endanger its safety in flight,

(3) If a ground aircraft or parts or equipment installed in an aircraft, or air transport facilities, or communication navigation aid equipment, or fire-fighting and rescue services and safety equipment, or related goods or articles, etc., are destroyed or damaged, or any part or component thereof is removed without authorization, or interference is caused in their operation,

(4) If, knowing it to be false, any information is communicated, thereby creating a hazard to the safety of an aircraft in flight.

(e) Offence against Security of Aircraft: If, by placing or causing to be placed any device or object by any means whatsoever in an aircraft in service or on the ground, there is a possibility that such device or object may destroy the aircraft or render it incapable of flight as per sub-clause (2) of clause (d), or endanger its safety in flight, it shall be deemed to have committed an offence against the security of aircraft.

(f) Offence against Aerodrome Security: If communication and navigation aid equipment, visual aids, meteorological and climatological equipment, fire-fighting and rescue service related machines and equipment, other security-related equipment and machines, and other machines, equipment, buildings, runways, taxiways, aprons, hangars, etc., directly or indirectly related to aviation, or related goods, located inside or outside the aerodrome and aerodrome area, are damaged, demolished, injured, or destroyed in any manner, wholly or partially, it shall be deemed to have committed an offence against aerodrome security.

(g) Offence against Security of Person Related to Air Transport: If any employee related to flight operations, any government or non-government employee working at the aerodrome, any passenger or any visitor to the aerodrome is kidnapped or taken into custody, with or without weapons, by using fear, threat, intimidation, or any other method, and diverted from their duty, or any act is done that creates a hazard or obstruction to the operation and safety of aviation in any other manner, it shall be deemed to have committed an offence against the security of a person related to air transport.

(2) Attempting to commit an offence under clauses (c), (d), (e), (f), and (g) of sub-section (1), being an accomplice in committing such offence or attempting to commit such offence shall also be deemed an offence under this section.

(3) A person committing an offence mentioned in sub-section (1) shall be liable to the following penalties: -

(a) A person committing an offence under clauses (a) and (b) shall be liable to imprisonment from one to three years.

(b) A person committing an offence under clauses (c), (d), and (e) shall be liable to life imprisonment, and a person attempting to commit or being an accomplice to such offence shall be liable to imprisonment from fifteen to twenty years.

(c) A person committing an offence under clause (f) shall, in addition to making good the loss or damage caused, be liable to imprisonment from one to five years.

(d) A person committing an offence under clause (g) shall be liable to imprisonment from five to ten years.

(e) Notwithstanding anything written in the clauses above, if, as a result of committing any such offence, any person in the aircraft dies or the aircraft itself is destroyed, the offender shall be liable to life imprisonment and the accomplice shall be liable to life imprisonment or imprisonment from fifteen to twenty years, and the property of the offender and accomplice shall also be confiscated.