Chapter VII OFFENCES AND PENALTIES

1. (1) If any person contravenes any provision of any rule made under clause (v) of sub-section (2) of section 10 prohibiting or regulating the carriage in aircraft of arms, explosives or other dangerous goods, or when required under the rules made under that clause to give information in relation to any such goods gives information which is false and which he either knows or believes to be false or does not believe to be true, he, and if he is not the owner, the owner also (unless the owner proves that the offence was committed without his knowledge, consent or connivance) shall be punishable with imprisonment which may extend to two years, or with fine which may extend to one crore rupees, or with both.
2. (2) If any person contravenes any provision of any rule made under clause (zb) of sub-section (2) of section 10 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he shall be punishable with imprisonment which may extend to three years, or with fine which may extend to one crore rupees, or with both.
3. (3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) an offence referred to in sub-section (2) shall be cognizable.
4. (4) In making any other rule under section 10, section 11, section 12, section 13, section 14 or section 17, the Central Government may, direct that a breach of it shall be punishable with imprisonment for a period which may extend to two years, or with fine which may extend to one crore rupees, or with both.

Whoever wilfully flies any aircraft in such a manner as to cause danger to any person or to any property on land or water or in the air shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one crore rupees, or with both.

If any person wilfully fails to comply with any direction issued under section 4 or section 6, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one crore rupees, or with both.

1. (1) If any person wilfully fails to comply with any direction contained in any notification issued under section 18, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one crore rupees, or with both.
2. (2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of any direction contained in any notification issued under sub-section (1) of section 18 within the period specified in the notification, then, subject to such rules as the Central Government may make in this behalf, it shall be competent for any officer authorised by the Central Government in this behalf to demolish such building or structure or cut such tree or reduce the height of such building, structure or tree: Provided that the power to make rules under this sub-section shall be subject to the provisions of section 34.

Whoever abets the commission of any offence under this Act or the rules or attempts to commit such offence, and in such attempt does any act towards the commission of the offence, shall be liable to the punishment provided for the offence.

1. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) , any offence punishable under this Act or under any rules made thereunder, not being an offence punishable with imprisonment only, or punishable with imprisonment and also with fine, may be compounded, either before or after the institution of any prosecution, by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau, as the case may be, in such manner, and for such amount not exceeding one crore rupees, as may be prescribed.
2. (2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date of commission of a similar offence which was earlier compounded or for which such person was earlier convicted.
3. (3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Central Government.
4. (4) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
5. (5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence by an officer referred to in sub-section (1) against the offender in relation to whom the offence is so compounded.
6. (6) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought to the notice of the court in which the prosecution is pending, in writing, by the officer referred to in sub-section (1), and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.
7. (7) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
8. (8) No offence specified in sub-section (1) shall be compounded except as provided in this section.

1. (1) No court shall take cognizance of any offence punishable under this Act, save on a complaint made by or with the previous sanction in writing by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft Accidents Investigation Bureau, as the case may be.
2. (2) The complaint referred to in sub-section (1) shall be made within a period of one year from the date on which the offence came to the knowledge of the Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security or the Director General of Aircraft Accidents Investigation Bureau, as the case may be.
3. (3) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), no court inferior to that of a Judicial Magistrate of the first class shall try the offences under this Act.

1. (1) Notwithstanding anything contained in section 25, the Central Government may, in making any rule under section 10, section 11, section 12, section 13, section 14, or section 17, provide for imposition of penalty, not exceeding one crore rupees as may be prescribed, for the contravention of any rule.
2. (2) The Central Government may, by an order published in the Official Gazette, appoint such number of officers not below the rank of Deputy Secretary to the Government of India or equivalent, as it considers necessary, to be designated officers for adjudging penalty under sub-section (1), in such manner as may be prescribed.
3. (3) The Central Government may, while appointing designated officers under sub-section (2), also specify their jurisdiction in that order.
4. (4) Where the designated officer is satisfied that any contravention of the provisions of the rules has been committed by any person, he may, by an order in writing, impose penalty on such person stating the nature of contravention, the provision of rules which has been contravened and the reasons for imposing such penalty: Provided that the designated officer shall, before imposing any penalty, give an opportunity of being heard to such person: Provided further that the designated officer shall not proceed for imposition of penalty under subsection (4), if an action under this Act other than the imposition of such penalty has been initiated for contravention of same provision on the same cause of action.

1. (1) Any person aggrieved by any order made under sub-section (2) of section 19 or under sub-section (4) of section 32, may prefer an appeal to the First Appellate Officer having jurisdiction in the matter who is next higher in rank to such officer who has passed the order.
2. (2) The First Appellate Officer may, after giving an opportunity of being heard to the parties, pass such order, as he thinks fit, confirming, modifying or setting aside the order appealed against.
3. (3) Any person aggrieved by any order passed by the First Appellate Officer, may prefer an appeal to the Second Appellate Officer having jurisdiction in the matter who is next higher in rank to the First Appellate Officer.
4. (4) The Second Appellate Officer may, after giving an opportunity of being heard to the parties, pass such order as he thinks fit, confirming, modifying or setting aside the order passed by the First Appellate Officer.
5. (5) Notwithstanding anything contained in the foregoing sub-sections, the appeal under sub-section (1) or under sub-section (3) against an order passed by the Director General of Civil Aviation or the Director General of Bureau of Civil Aviation Security shall lie to the Central Government.
6. (6) Where any order under sub-section (5) is passed by the Central Government, no further appeal shall lie against such order.
7. (7) Every appeal under this section shall be filed within thirty days from the date of receipt of the copy of the order passed, and in such form and manner and accompanied with such documents and fee as may be prescribed: Provided that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding thirty days.