Shubhangi Singh
The Mumbai Terror Attack in November 2008 highlighted the need for a strong investigative mechanism and as a result, the Government of India came up with a proposal for an Agency that would be empowered to deal with terror related crimes across states without special permission from the states.
Therefore, as a result the National Investigation Agency (NIA) was constituted under the National Investigation Agency (NIA) Act, 2008. It is a central counter-terrorism agency functioning under the Ministry of Home Affairs, Government of India.
The main job this Act possesses is to provide a National level Agency to investigate and prosecute offences which are listed in the schedule as the scheduled offences. Again, the Act comes with the provision to create Special courts for the trial of scheduled offences.
The National Investigation Agency has a concurrent jurisdiction which authorizes the central Agency to scrutinize the terror attacks take place in any part in the country as well as outside the land with its jurisdiction.
Offences and challenges which include with the country’s sovereignty, and integrity and crimes or terrorist conduct such as bomb blasts, hijacking of aircraft and ships, attacks on nuclear installations.
Also, the amendments have brought the crimes relating to the smuggling in high quality counterfeit Indian currency according to the definition of a terrorist Act which is made to focus on damaging the financial stability and bring the monetary crisis to the country so that can be investigated by the National Investigation Agency.
Features of the NIA:
Some of the salient features of the NIA are-
a. The Act for constitution of the National Investigation Agency (NIA) is applicable to whole of India, citizens of India outside India and persons on ships and aircraft registered in India.
b. Officers of the NIA have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence.
c. The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre.
d. If the Centre feels the offence is terror related, it shall direct the NIA for investigation.
e. Provision for transfer of investigation and trial of offences to state government with Centre’s prior approval is also there.
f. A state government shall extend all assistance to NIA for investigation of terror-related offences.
g. Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences.
h. The Centre shall constitute special courts for trial of terror-related offences.
i. Special Courts may sit at any place for any of its proceedings.
j. For speedy and fair trial, the Supreme Court may transfer any case pending with the special court to another special court in the same state or any other state, and the High Court may transfer such cases to any other special court within the state.
k. Offences punishable with imprisonment for less than three years may be tried summarily.
l. There is a provision for a special court to have all powers of the court of sessions under the Criminal Procedure Code for trial of any offence under the Act.
m. Proceedings are to be held ‘in camera’ if special court deems it necessary.
n. Trial is to be held on day-to-day basis on all working days and has precedence over the trial of other offences.
o. State governments are empowered to constitute one or more special courts.
p. No appeal shall be entertained after the expiry of 90 days.
The Agency is authorized to deal with following cases-
- The agency is empowered to deal with terror-related crimes across states without special permission from the states.
- Since a large number of terrorist incidents are found to have complex inter-State and international linkages, and possible connection with organized crime, for example, the smuggling of arms and drugs, circulation of fake Indian currency etc.
- It was for these reasons that an agency at the Central level was created for investigation of offences related to terrorism and certain another Act post-2008 Mumbai terror attacks.
- Crimes like Terror offences, offences against atomic and nuclear facilities, and offences such as waging war against the country, amongst others, were included in this list of offences.
The National Investigation Agency Amendment Bill, 2019
The Amendment Act, 2019 aims to give more power to the investigating team of National Investigation Agency to conduct an investigation of terror attacks targeting India and Indian interest in abroad.
This Amendment Bill which primarily wants to empower the anti-terror agency to investigate the scheduled offences as written under the Act, human trafficking, circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism.
This was passed in the Lok Sabha with a majority of 278 votes in favour and six against. After getting passed by the Rajya Sabha this amendment now also will be allowed National Investigation Agency to investigate the Sri Lanka Easter Bombing.
Amendments
Under the guidelines of the Police Act, 1861, the Central Gov. may set up a special agency to be called the National Investigation Agency to bear the responsibility for investigation and prosecution of offences ass scheduled in the list under the National Investigation Agency Act.
To the extent of its purview of functions, another point is added to the existing Section-1 of the Principal Act, 2018 i.e “It will not only remain confined to the citizens of India or any Gov. servant or ship off the ship but to the persons who commit scheduled offences beyond India against the Indian Citizens or affecting the interest of India.”
After the amendment, Section 3 got a wider heading in view of Constitution of NIA and explained as “the investigation process shall be subject to any International treaty or domestic law of the concerned country can be conducted outside of India not only confined within the territory of India.”
Which previously was limited within the land of Indian territory only.
In Section 6 after sub-section 7, there is another Subsection added as S.s 8which explains “If the central Gov. is of the opinion that, “The central govt. may order the Investigation team to take up Investigation outside of India, if it believes that a scheduled offence has been committed at any place outside of India to which the Act extends.”
Section 11 “Power of Central Government to designate Court of Session” is explained as-‘The Central Government shall, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, for the trial of Scheduled Offences, designate one or more Courts of Session as Special Court for such area or areas, or for such case or class or group of cases, as may be specified in the notification’ as stated to be inserted in the existed Section 11 said in the Amendment Bill,2019 (Sect 11-1)
Section 11(8) after got amended, “says For the removal of doubts, it is hereby provided that the attainment, by the Sessions Judge of the Court of Session referred to in sub-section (1), of the age of superannuation under the rules applicable to him in the service to which he belongs shall not affect his continuance as judge of the Special Court and the appointing authority in consultation with the Central Government may by order direct that he shall continue as a judge until a specified date or until completion of the trial of the case or cases before him whichever is earlier.”
Sub-section (9) of the same also says after getting amended, that when more than one Special Court is designated for an area or areas, the senior-most Judge shall distribute the business among them including himself for the disposal of urgent business.
Conclusion
An Act to constitute an investigation agency at the national level to investigate and prosecute offences scheduled in the Act as the scheduled offences affecting the sovereignty, security and integrity of India, the security of India, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected or incidental.
This Act primarily focuses upon the security function of the Country and to maintain the international level investigation both inside and outside of the Land to constitute a stringent example of investigation to protect the Country from remote terror attacks.
