Tuesday, 14 July 2020

Short Notes on Important provisions of National Investigation Agency Act 2008 as amended in the year 2019

1. Short title, extent and application.—(1) This Act may be called the National Investigation Agency Act, 2008.
(2) It extends to the whole of India and it applies also—
(a) to citizens of India outside India;
(b) to persons in the service of the Government wherever they may be; 2[* * *]
2. The word “and” omitted by Act 16 of 2019, S. 2(i) (w.e.f. 2-8-2019).
(c) to persons on ships and aircrafts registered in India wherever they may be 3[and].
3. Ins. by Act 16 of 2019, S. 2(ii) (w.e.f. 2-8-2019).
4[(d) to persons who commit a Scheduled Offences beyond India against the Indian citizens or affecting the interest of India.]
4. Ins. by Act 16 of 2019, S. 2(iii) (w.e.f. 2-8-2019).

2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(f) “Schedule” means the Schedule to this Act;
(g) “Scheduled Offence” means an offence specified in the Schedule;
(h) “Special Court” means 5[a Court of Session designated as Special Court] under Section 11 or, as the case may be, under Section 22;
 Subs. for “a Special Court constituted” by Act 16 of 2019, S. 3 (w.e.f. 2-8-2019).
6. Investigation of Scheduled Offences.—(1) On receipt of information and recording thereof under Section 154 of the Code relating to any Scheduled Offence the officer-in-charge of the police station shall forward the report to the State Government forthwith.
(2) On receipt of the report under sub-section (1), the State Government shall forward the report to the Central Government as expeditiously as possible.
(3) On receipt of report from the State Government, the Central Government shall determine on the basis of information made available by the State Government or received from other sources, within fifteen days from the date of receipt of the report, whether the offence is a Scheduled Offence or not and also whether, having regard to the gravity of the offence and other relevant factors, it is a fit case to be investigated by the Agency.
(4) Where the Central Government is of the opinion that the offence is a Scheduled Offence and it is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the said offence.
(5) Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.
(6) Where any direction has been given under sub-section (4) or sub-section (5), the State Government and any police officer of the State Government investigating the offence shall not proceed with the investigation and shall forthwith transmit the relevant documents and records to the Agency.
(7) For the removal of doubts it is hereby declared that till the Agency takes up the investigation of the case it shall be the duty of the officer-in-charge of the police station to continue the investigation.
7[(8) Where the Central Government is of the opinion that a Scheduled Offence has been committed at any place outside India to which this Act extends, it may direct the Agency to register the case and take up investigation as if such offence has been committed in India.
(9) For the purposes of sub-section (8), the Special Court at New Delhi shall have the jurisdiction.]
7. Ins. by Act 16 of 2019, S. 5 (w.e.f. 2-8-2019).
13. Jurisdiction of Special Courts.—(1) Notwithstanding anything contained in the Code, every Scheduled Offence investigated by the Agency shall be tried only by the Special Court within whose local jurisdiction it was committed.
14. Powers of Special Courts with respect to other offences.—(1) When trying any offence, a Special Court may also try any other offence with which the accused may, under the Code be charged, at the same trial if the offence is connected with such other offence.
(2) If, in the course of any trial under this Act of any offence, it is found that the accused person has committed any other offence under this Act or under any other law, the Special Court may convict such person of such other offence and pass any sentence or award punishment authorised by this Act or, as the case may be, under such other law.
16. Procedure and powers of Special Courts.—(1) A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Special Court may, notwithstanding anything contained in sub-section (1) of Section 260 or Section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of Sections 263 to 265 of the Code shall, so far as may be, apply to such trial:
Provided that when, in the course of a summary trial under this sub-section, it appears to the Special Court that the nature of the case is such that it is not desirable to try it in a summary way, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to, and in relation to, a Special Court as they apply to and in relation to a Magistrate:
Provided further that in the case of any conviction in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding one year and with fine which may extend to five lakh rupees.
(3) Subject to the other provisions of this Act, a Special Court shall, for the purpose of trial of any offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a Court of Session.
(4) Subject to the other provisions of this Act, every case transferred to a Special Court under sub-section (2) of Section 13 shall be dealt with as if such case had been transferred under Section 406 of the Code to such Special Court.
(5) Notwithstanding anything contained in the Code, but subject to the provisions of Section 299 of the Code, a Special Court may, if it thinks fit and for reasons to be recorded by it, proceed with the trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for cross-examination.
17. Protection of witnesses.—(1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reasons to be recorded in writing, be held in camera if the Special Court so desires.
19. Trial by Special Court to have precedence.—The trial under this Act of any offence by a Special Court shall be held on day-to-day basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall, if necessary, remain in abeyance.
20. Power to transfer cases to regular courts.—Where, after taking cognizance of any offence, a Special Court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for the trial of such offence to any court having jurisdiction under the Code and the Court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.
21. Appeals.—(1) Notwithstanding anything contained in the Code, an appeal shall lie from any judgment sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.
22. Power of State Government to 20[designate Court of Session as] Special Courts.—(1) The State Government may 21[designate one or more Courts of Session as] Special Courts for the trial of offences under any or all the enactments specified in the Schedule.
20. Subs. for “constitute” by Act 16 of 2019, S. 7(i) (w.e.f. 2-8-2019).
21. Subs. for “constitute one or more” by Act 16 of 2019, S. 7(ii) (w.e.f. 2-8-2019).
SCHEDULE
[See Section 2(1)(f)]
26[1. The Explosive Substances Act, 1908 (6 of 1908);
1-A. The Atomic Energy Act, 1962 (33 of 1962);]
26. Subs. by Act 16 of 2019, S. 8(i) (w.e.f. 2-8-2019). Prior to substitution it read as:
“1. The Atomic Energy Act, 1962 (33 of 1962);”
2. The Unlawful Activities (Prevention) Act, 1967 (37 of 1967);
3. The Anti-Hijacking Act, 27[2016 (30 of 2016)];
27. Subs. for “1982 (65 of 1982)” by Act 16 of 2019, S. 8(ii) (w.e.f. 2-8-2019).
4. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982);
5. The SAARC Convention (Suppression of Terrorism) Act, 1993 (36 of 1993);
6. The Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 (69 of 2002);
7. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005);
8. Offences under—
(a) Chapter VI of the Indian Penal Code (45 of 1860) [Sections 121 to 130 (both inclusive)];{Offences against state}
28[(b) Sections 370 and 370-A of Chapter XVI of the Indian Penal Code (45 of 1860);]{Traffi
Subs. by Act 16 of 2019, S. 8(iii) (w.e.f. 2-8-2019). Prior to substitution it read as:
“(b) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860).”
29[(c) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860);
Ins. by Act 16 of 2019, S. 8(iii) (w.e.f. 2-8-2019).
(e) Section 66-F of Chapter XI of the Information Technology Act, 2000 (21 of 2000).]{ Punishment for cyber terrorism.}

Good article on  National Investigation Agency Act:
Click here
Print Page

No comments:

Post a comment