Can the police enter an aircraft to arrest someone? The question has come into sharp focus after the Delhi Police detained Cockroach Janta Party (CJP) leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das from an aircraft minutes after it landed at Indira Gandhi International Airport in the national capital on October 10.The short answer to the question is yes. However, the legality of such an entry and arrest depends on the circumstances, the aircraft’s location, and the legal authority under which the police act, including whether any specific permission is required.Speaking to The Indian Express, aviation law experts break down the legal provisions governing such arrests, the circumstances in which force may be used, and the role of airport security agencies.Who can be arrested inside aircraft?Indian aviation laws specifically address offences that threaten aircraft safety but do not provide an exhaustive list of ordinary criminal offences under the Indian Penal Code (IPC) or the Bharatiya Nyaya Sanhita (BNS) for arrests inside an aircraft. The Anti-Hijacking Act and the Suppression of Unlawful Acts against the Safety of Civil Aviation Act cover issues such as violence against people on board, damaging an aircraft, and placing dangerous devices on board.The Aircraft Rules, 1937, also address misconduct, including assault, intimidation, disobeying lawful instructions from the pilot-in-command, and conduct endangering flight safety.Also Read | ‘Don’t pick words like this’: Supreme Court clarifies stand on modified Form 6For ordinary criminal offences, general arrest laws continue to apply, subject to due procedure and any applicable requirements governing police entry into an aircraft. The only additional requirements are the legal compliances and the permissions required from the authorities concerned that will enable the local police to enter the aircraft.Can a person be detained inside an aircraft after landing?A person can be arrested or detained inside an aircraft after landing if the police have lawful grounds to do so and follow the prescribed procedure, says advocate Saurabh Nandwani, an expert in aviation law and regulatory matters.Story continues below this ad“An aircraft does not become immune from Indian law simply because it has landed at an airport. However, the police must have a valid legal basis for the arrest or detention and comply with the safeguards prescribed by law,” he says.Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, specifies the circumstances in which the police can make an arrest without a warrant, while sections 126 and 170 deal with preventive action in specific circumstances. Articles 21 and 22 of the Constitution also protect personal liberty and provide safeguards against arbitrary arrest and detention.“It is important to distinguish between action taken to address a threat to aircraft safety or security and police action taken for an independent law-enforcement purpose. While an unruly passenger may need to be restrained to ensure safety on board, detention in connection with a proposed protest must be assessed on its own facts and legal grounds. The mere possibility of a protest does not, by itself, justify detention,” he says.A person can be arrested inside an aircraft after landing, says aviation law expert Satyam Dwivedi,but the police must justify the use of force and explain why it was necessary to enter the aircraft to execute the arrest.Story continues below this adAlso Read | ‘How can you enter his house?’: Delhi High Court seeks police response on activist’s confinement“Arrest provisions are governed by the BNSS, 2023, irrespective of whether the arrest takes place at an airport or elsewhere. Under Section 43 of the BNSS, force may be used to effect an arrest when a person forcibly resists or attempts to evade arrest, and only to the extent necessary. The question is whether the person was resisting arrest, attempting to evade it or posing a threat to other passengers,” he clarifies.The police did not necessarily require permission from airport security to execute a lawful arrest, but coordination with the designated security agency was important, Dwivedi adds. “Why was the CISF not informed beforehand? Why was the concerned security agency not involved in taking charge of the passenger and handing him over to the Delhi Police? These are crucial questions that remain unanswered.”The Tokyo Convention Act, which gives the pilot-in-command powers to restrain unruly passengers during a flight and inform the appropriate authorities, was not directly relevant to the case, says Dwivedi. The convention primarily deals with offences and certain other acts committed on board aircraft.Siddharth Batra, Advocate on Record, Supreme Court, says that as far as the power to take a person into custody is concerned, that power lies with the police under the BNSS, provided the requirements of the relevant provision are satisfied. “The fact that the person is still sitting inside an aircraft after landing does not take away that power,” he underlines.Story continues below this adWhat becomes important is the protocol for entering the aircraft. “Section 44 of the BNSS itself provides that where a police officer having authority to arrest has reason to believe that the person sought to be arrested is inside a particular place, the person in charge of that place is required, on demand, to allow ingress and provide reasonable facilities for the purpose.”In the case of an aircraft, however, this has to be read along with the Aircraft (Security) Rules, 2023. “An aircraft is a highly sensitive and access-controlled area and Rule 36 places control of access to the aircraft with the aircraft operator. Therefore, the police would ordinarily disclose their authority and purpose and coordinate with the concerned aviation-security authorities and the aircraft operator for access to the aircraft,” Batra says.It is important to distinguish the two, he emphasises. “The police do not require the airline’s permission to exercise a lawful power of arrest; that power comes from the BNSS. What has to be coordinated with the airline and aviation-security authorities is access to the aircraft for exercising that power.”Who has authority to order detention inside an aircraft?The Supreme Court’s guidelines in D K Basu v State of West Bengal mandate the police to follow prescribed safeguards during arrest and custody, including preparing an arrest memo, informing the arrested person of the grounds of arrest, notifying a relative or friend, and ensuring medical examination as required by law.Story continues below this adReferring to the ruling, Dwivedi says, “The police must explain what necessitated the use of force and why it was necessary to enter the aircraft. The law and Supreme Court judgments require the authorities to justify their actions. The question is whether the force used was necessary and proportionate to the circumstances.”Also Read | ‘Don’t drag Supreme Court into politics’: CJI Surya Kant amid Delhi protestsAccording to Nandwani, the authority depends on the purpose of the intervention. The police may arrest or take preventive action after landing, subject to the applicable law. “The CISF and airport security perform their designated security functions, while airline officials and the pilot-in-command handle operational coordination and aircraft safety,” he says.Cabin crew may have access to approved restraint equipment, including handcuffs on certain aircraft, to handle serious unruly-passenger incidents under prescribed procedures, but this does not confer general police powers on the crew.Drawing on his aviation experience, Nandwani says he had been part of the disabled-aircraft recovery team at Delhi airport. An aircraft under investigation must generally be preserved and not disturbed without appropriate authorisation, except where immediate action is necessary to save lives or prevent serious harm.Story continues below this ad“Aviation safety is paramount, but operational authority and legal authority are distinct. The captain, airline security, CISF and police may coordinate their actions; however, the power to arrest or detain must come from the applicable law,” he adds. “In the present case, the key questions are who initiated the intervention, under what legal authority, and whether the detention was connected to a genuine safety concern or another law-enforcement purpose.”What can a detainee do?Depending on the circumstances, several legal remedies are available to a detainee. A person apprehending arrest in a non-bailable offence may seek anticipatory bail under Section 482 of the BNSS, 2023, Nandwani explains. The police may also issue a notice to appear under Section 35 (when police may arrest without warrant), while regular bail or other appropriate relief may be sought depending on the stage of proceedings.“Unlawful detention may be challenged before the high court under Article 226 (power of high courts to issue writs) of the Constitution, including through a habeas corpus (produce the person) petition where appropriate. Preventive remedies under Sections 126 (preventive action to maintain public peace) and 170 (arrest to prevent commission of cognisable offences) of the BNSS may also be available if statutory conditions are met,” he says. A caveat, where maintainable, may secure an opportunity to be heard before an interim order, but does not prevent arrest.Preventive remedies are often overlooked, with people approaching courts only after detention. “The captain’s responsibility for aircraft safety and the roles of airline security and the CISF must be distinguished from police powers. Every arrest or detention must have a lawful basis and follow due process,” Nandwani says.Story continues below this adAdvocate Dwivedi adds that an arrested person retains the right to legal representation and must ordinarily be produced before a magistrate within 24 hours, excluding the time necessary for the journey. “Failure to follow mandatory arrest safeguards may be relevant to a person’s legal remedies, including a bail application, depending on the circumstances. If a person is unlawfully detained or not produced before a magistrate within the legally prescribed period, a writ of habeas corpus may also be sought before the appropriate court.”Also Read | Jantar Mantar closed, no alternate site, says plea; Delhi High Court refuses urgent hearingThe police must explain what necessitated the use of force and why it was necessary to enter the aircraft. “The law and Supreme Court judgments require the authorities to justify their actions. The question is whether the force used was necessary and proportionate to the circumstances,” he says.Ultimately, the legality of a person’s detention from an aircraft will depend on the grounds for the police action, the legal authority under which it was carried out, and whether due procedure was followed. While police powers extend to arrests at airports and on board aircraft after landing, aviation safety protocols, the rights of the person detained and safeguards against arbitrary arrest must also be kept in mind.