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NIA invokes Anti-Hijacking Act, 2016 over attack on Indian pilot abroad

By CAShorts DeskPublished Sources: Hindustan Times; The Indian Express; Anti-Hijacking Act, 2016; NIA Act, 2008

NIA invokes Anti-Hijacking Act, 2016 over attack on Indian pilot abroad
Illustration (AI-generated)

The National Investigation Agency (NIA) on October 9, 2026 registered a case under the Anti-Hijacking Act, 2016 and the Unlawful Activities (Prevention) Act, 1967 over the September 30 attack on the Indian captain of flydubai flight 1073. The Ministry of Home Affairs ordered the probe. Since 2019, the NIA can investigate scheduled offences committed abroad against Indian citizens.

Syllabus: Prelims · Current Affairs & IR; GS3 · External Threats to Security; GS2 · Groupings & Agreements

Why it matters

A hijacking attempt or another scheduled offence against an Indian pilot, crew member or passenger on a foreign airline in foreign airspace can still be investigated and tried under Indian law. The NIA Act did not extend to such offences before its 2019 amendment; now the Central Government can order the agency to investigate as if the crime took place in India, and a court in New Delhi can try it. Saudi authorities arrested the first officer after the landing, so the NIA will depend on evidence and cooperation from other countries. The larger issue is how far a country's criminal law can reach beyond its borders, and how well the hijacking law of 2016 answers newer dangers such as an attack from inside the cockpit or by technological means.

Prelims pointers

  • Hague Convention: the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 1970; India acceded and enacted the 1982 Act.
  • Beijing Protocol: supplementary to the Hague Convention, signed at Beijing on September 10, 2010; it deals with new types of threats to civil aviation.
  • "In service": from the start of pre-flight preparation for a specific flight until 24 hours after any landing.
  • "Aircraft" in the 2016 Act covers aircraft registered in India or elsewhere, but excludes military aircraft and aircraft used in customs or police service.
  • NIA: constituted under Section 3 of the NIA Act, 2008; its superintendence vests in the Central Government and a Director-General administers it.
  • NIA Act, Section 6: the Central Government can direct the NIA on its own motion; for an offence abroad, the Special Court at New Delhi has jurisdiction.
  • Special Court: since 2019, a Court of Session designated by the Central Government in consultation with the Chief Justice of the High Court; States can designate them too.
  • Hijacking offences are deemed extraditable under India's extradition treaties with Convention countries and cannot be treated as political offences.

Practise a UPSC-style question

With reference to the National Investigation Agency (NIA), consider the following statements:

1. It was constituted under the Unlawful Activities (Prevention) Act, 1967.

2. The superintendence of the agency vests in the Central Government.

3. The Central Government can direct it on its own motion to investigate a scheduled offence, without waiting for a State Government's report.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (b) 2 and 3 only

1 is incorrect: the NIA was constituted under Section 3 of the National Investigation Agency Act, 2008; the Unlawful Activities (Prevention) Act, 1967 is one of the laws in its Schedule. 2 is correct: Section 4 of the NIA Act vests superintendence in the Central Government, with a Director-General administering the agency. 3 is correct: under Section 6 the Central Government may direct the NIA suo motu when it is of the opinion that a scheduled offence has been committed.

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