National Investigation Agency Act, 2008 - Part 01

(இதன் தமிழ் வடிவத்திற்கு இங்கே சொடுக்கவும்)

National Investigation Agency Act, 2008

• The NIA's jurisdiction applies nationwide, encompassing citizens of India residing abroad, as well as government personnel worldwide.
• It extends to individuals on ships and aircraft registered in India.
• Additionally, it covers persons committing scheduled offences beyond India's borders against Indian citizens.
• It also covers persons committing scheduled offences against Indian interests.

Objective:

• The Act's primary objective is to establish a national-level investigative body.
• It focuses on probing and prosecuting offences endangering India's sovereignty, security, and integrity.
• It targets offences involving threats to state security.
• It also targets offences involving threats to friendly foreign relations.
• It addresses violations of Acts implementing international treaties and conventions.
• The Act's scope extends to resolutions of global bodies like the United Nations.
• Its mandate covers crimes with potential international ramifications.
• The agency aims to combat a wide range of transnational threats.
• Its jurisdiction spans across various aspects of national and international law.

Constitution of National Investigation Agency:

Establishment of Agency:

• The Central Government is empowered to establish a specialized agency known as the National Investigation Agency (NIA).
• This agency is tasked with investigating and prosecuting offences listed in the Schedule of the Act.

Powers of NIA Officers:

• NIA officers possess the same powers, duties, privileges, and liabilities as police officers, irrespective of their location within India or abroad.
• They are authorized to investigate scheduled offences and arrest individuals involved in such offences.
• Officers of the NIA, ranked Sub Inspector or above, are granted authority equivalent to that of a police station officer in charge.
• They can exercise these powers throughout India as directed by the Central Government.

Superintendence of National Investigation Agency:

• The National Investigation Agency (NIA) operates under the superintendence of the Central Government (Ministry of Home Affairs).
• This means that the Central Government has the ultimate authority and control over the agency's activities and functions.

Constitution and Service Conditions:

• The formation of the NIA and the terms of service for its members are determined in accordance with the provisions outlined in this Act.
• This agency is established in a manner specified by law, and the conditions of employment for individuals working within the NIA are also prescribed by the Act.

Investigation of Scheduled Offences:

• When a police station receives information about a Scheduled Offence, they must quickly pass on the report to the State Government.
• The State Government then promptly forwards this report to the Central Government.
• Within fifteen days of receiving the report, the Central Government assesses if the offence qualifies as a Scheduled Offence.
• It determines the need for NIA investigation based on the available information.
• The Central Government makes its decision promptly upon receiving the report.
• The assessment considers various factors, including the nature and gravity of the offence.
• Available information guides the Central Government's determination.
• The decision hinges on whether the offence warrants NIA involvement.
• The timeframe for the decision is set at fifteen days for prompt action.
• The Central Government evaluates the necessity of NIA intervention in the case.
• If it's a Scheduled Offence fit for NIA investigation, the Central Government directs the Agency to start the investigation.
• The Central Government can also instruct the NIA to investigate a Scheduled Offence if it deems necessary, regardless of the State's report.
• Once the NIA is directed to investigate, the State authorities conducting the investigation must stop and transfer all relevant documents to the NIA.
• Until the NIA officially takes over, the police station's officer-in-charge continues the investigation.
• If a Scheduled Offence happens outside India but falls under this Act, the Central Government can tell the NIA to investigate, treating it as if it occurred in India.
• For this, the Special Court in New Delhi has jurisdiction.

Power to Transfer Investigation to State Government:

• The Agency, while investigating an offence under this Act, possesses authority.
• It can request collaboration with the State Government if necessary.
• Collaboration may be sought based on the gravity of the offence and other relevant factors.
• Alternatively, with prior approval from the Central Government, the Agency can transfer the case to the State Government for investigation and trial.
• The decision to collaborate or transfer the case depends on the severity of the offence and other pertinent factors.
• The Agency's actions aim to ensure effective investigation and trial of the offence.
• Collaboration with the State Government may enhance investigative efforts.
• Transferring the case to the State Government requires prior approval from the Central Government.
• Both options serve the objective of thorough investigation and fair trial.

Power to Investigate Connected Offences:

• During the investigation of a Scheduled Offence, the Agency has the authority to probe additional offences linked to the accused.
• This authority allows the Agency to broaden its investigation scope if it finds connections to the Scheduled Offence.
• Investigating connected offences improves the thoroughness and effectiveness of the investigation.

State Government Assistance to National Investigation Agency:

• The State Government is obligated to provide full assistance and cooperation to the Agency in its investigation of Scheduled Offences.

Power of State Government for Investigation:

• State Government can still investigate and prosecute Scheduled Offences and other crimes as usual, unless stated otherwise in this Act.

Power of Central Government to Establish Special Courts:

• The Central Government, after consulting the Chief Justice of the High Court, can assign one or more Courts of Session as Special Courts to handle Scheduled Offence trials.
• These designations are officially announced in the Official Gazette, specifying the areas or cases for their jurisdiction.

Place of Sitting:

• A Special Court has the authority to convene its proceedings at any location other than its regular venue.
• This decision can be made either autonomously by the court or upon request by the Public Prosecutor.
• The purpose is to accommodate circumstances where an alternative venue is deemed necessary or beneficial.

Jurisdiction of Special Courts:

• Scheduled Offences investigated by the Agency must be tried exclusively by the Special Court within the jurisdiction where the offence occurred.
• This jurisdictional mandate supersedes any provisions outlined in the legal Code.
• The Supreme Court or the High Court can transfer cases between Special Courts under certain circumstances.
• Such circumstances include situations where a fair trial is jeopardized, or there are concerns regarding the safety of involved parties.
• Applications for transfers must be supported by a sworn statement, often initiated by the Central Government or a concerned party.

Powers of Special Courts Regarding Other Offences:

• A Special Court has the authority to adjudicate on multiple offences concurrently if they are interconnected.
• In a trial under this Act, if the accused commits another offense, the Special Court can deliver judgment.
• Appropriate penalties can be imposed by the Special Court if another offense is discovered during the trial.
• The Special Court has the authority to address additional offenses committed by the accused during the trial.

Public Prosecutors:

• The Central Government is responsible for appointing a Public Prosecutor and may appoint one or more Additional Public Prosecutors.
• In certain cases, a Special Public Prosecutor may be appointed for specific cases or categories.
• To be eligible for appointment, candidates must have at least seven years of legal practice as an Advocate or in a specialized legal role within the Union or a State.
• Once appointed, individuals take on the role of Public Prosecutor as outlined in the legal Code, carrying the associated duties and privileges.
• Their responsibilities mirror those of Public Prosecutors, representing the state in legal proceedings.
• They have the corresponding authority to uphold the state's interests in legal matters.
• This ensures that appointed individuals have the requisite experience and understanding of legal matters to fulfil their role effectively.

Procedure and Powers of Special Courts:

• A Special Court can start proceedings for any offense with a complaint or police report without the accused being formally committed for trial.
• For offenses punishable with up to three years' imprisonment or a fine, the Special Court can hold a summary trial following legal Code procedures.
• If a summary trial isn't suitable, the Special Court can switch to a regular trial, recalling witnesses and following standard procedures.
• Special Courts have the same powers as Courts of Session and conduct trials accordingly, with adaptations from the legal Code.
• Cases moved to Special Courts are treated like transfers under regular legal provisions.
• Despite general norms, Special Courts may proceed with trials in the absence of the accused or their representative, with recorded reasons.

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