Section 16 of the Anti-Hijacking Act, 2016 – Presumption as to offences under sections 3 and 5

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Section 16: Presumption as to offences under sections 3 and 5

In a prosecution for an offence under section 3 or section 5, if it is proved that–– (a) the arms, ammunitions or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunitions or explosives of similar nature were used in the commission of such offence; or (b) there is evidence of use of force, threat of force or any other form of intimidation caused to the crew or passengers in connection with the commission of such offence, the Designated Court shall presume, unless the contrary is proved, that the accused has committed such offence.

Source: official text of The Anti-Hijacking Act, 2016 as published on India Code (PDF). All sections of the Anti-Hijacking Act, 2016.