The National Investigation Agency Act, 2008

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The National Investigation Agency Act,2008 came in to existence on 31st December 2008 by the Parliament of India. As there was increase in number of crimes related to terrorism and their attacks, need of certain Investigation Agency at the national level to investigate the offences which affects the security and integrity of India. National Investigation Agency established by the Government of India to control terrorism and other related activities in India. National Investigation Agency acts as the Central Counter Terrorism Law Enforcement Agency which initiated to deal with crimes related to terrorism and it open to all the States in India. Agency constituted with the enactment of the National Investigation Agency Act, 2008 to investigate and control the offences related therewith.

Act consists of 26 Sections to discuss the Agency initiated and its powers. Central Government constitutes a special agency under Section 3 of Act and it called as the National Investigation Agency as specified in Police Act, 1861 for investigation of Offences and prosecution of offences dealt under provisions of Act. Any officer who holds the rank of sub-inspector by order of Central Government exercise his powers throughout India. As specified in Section 4 the all matter relating to superintendence and administration of National Investigation Agency vests with the Central Government by appointing an officer designated as the Director-General who exercise the powers of Agency such as powers exercisable by Director-General of Police.

The Agency shall investigate the offences specified as Scheduled Offences under Section 6, as Officer-in-charge of the police station shall forward the report to the State Government where the offence recorded under Section 154 of Code with respect to Scheduled Offence and the offence report to the Central Government, Agency takes up the investigation of the case with the help of duty-in-charge of the police station of State where the offence related. Under Section 7 where the Agency felt necessary to associate the offence with the State Government and with the prior approval of the Central Government Agency can associate State Government to the investigation. Central Government as specified in Section 11 has the power to constitute Special Courts for the trial of Scheduled Offence, Agency can make application to the Chief Justice of High Court for appointment of Judge to preside over the matters of Special Court.

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Every Scheduled Offences which had been investigated by the National Investigation Agency shall only tried by the Special  Court and it is to be tried within the jurisdiction where the offence was committed. Supreme Court or High Court can transfer any case to the Special Court within the jurisdiction it committed. Special Court has certain powers under Section 14 to try not only offence relating to Scheduled but also to try out the offences where the accused for any other offence as specified. There shall be one person appointed as public prosecutors and one more additional public prosecutors appointed under Section 15 by the Central Government for arguing for the offences committed under the Act. Special Court constituted under Act has the duty to protect the witnesses under Section 17 as every case deals with the witness and protection of witness be made by the Special Court where the life of witnesses is in danger. Special Court has to take measures to avoid the name of witnesses in any accessible form and any person who contravenes shall be punishable with imprisonment of not exceeding the term of three years.

As specified in Section 18, no suit or legal action could be taken against the Central Government, members of Agency and Special Court has power under Section 20 to transfer the cases to other  Courts where the  trial of offence be initiated. Appeals under Section 21 shall lie against the order of Special Court to High Courts but the appeal must oblige both the facts and law. To deal with the trial of offences constituted under Act, State Government has the authority to constitute one or more Special Courts by reference made to the Central Government, Agency, Attorney-General of India. Both the High Court and the Central Government has the power to make rules under Section 23 and 25, High Court has power to make rules regarding provision relating to Special Court and its constitution, Central Government has power to make rules regarding the constitution of Agency and other matter prescribed thereto. Every rule laid by the Central Government under Act should be laid after it made before each House of Parliament.

National Investigation Agency Act, 2008 laid for the protection of country, National Investigation Agency which constituted under Act however has concurrent jurisdiction which includes of all terrorism activities which takes place in the Country and also cover offences which challenges the nation’s integrity and sovereignty. Agency which professionally investigate the matters relating to terrorism and other related activities which equals the international standards and acts as a boon to India which safeguards the citizens from external sources.

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by Priyadarshini Chandrasekar