Explore 35 FAQs on the National Investigation Agency (NIA) Act, 2008, covering topics like its short title, powers of NIA, definition of special courts, and judgments under NIA Act. Gain insights into the constitution of NIA, investigations, special courts, and key provisions. Stay informed on legislation and court decisions related to the NIA Act, 2008.
(A) Short title + extent + application of NIA Act, 2008 in India (Chapter-I)
1. Overview on NIA Act, 2008 in India
- NIA Act, 2008 permitting govt. of India to constitute investigations agency at national level to investigate + prosecute against offences affecting sovereignty + security + integrity of India + security of states in India + friendly relations with foreign states + offences under Act already enacted to implement international treaties + agreements + conventions + resolutions of United Nations (UNs) + its agencies + other international organizations + connected matters + incidental matters (all).
- NIA Act, 2008 enacted by Parliament during 59th Year of Republic of India.
2. Preliminary on NIA Act, 2008 in India
(i) NIA Act, 2008 be called National Investigation Agency Act, 2008.
(ii) NIA Act, 2008 applicable to whole of India + also applies on followings (both)
(a) Applicable to 100% citizens of India beside residing outside India
(b) Applicable to 100% persons in service of Government of India (govt.) beside residing outside India
(c) Applicable to 100% persons working on ship + aircraft when same also registered under transport authority in India besides residing outside India (all)
3. Definition of Agency under NIA Act, 2008 in India (Section 2(1)(a))
- Meaning to include National Investigation Agency constituted under section 3(b) of NIA Act, 2008
4. Definition of Code under NIA Act, 2008 in India (Section 2(1)(b))
- Meaning to include code referred under Code of Criminal Procedure 1973 (2 of 1974)
5. Definition of High Court under NIA Act, 2008 in India (Section 2(1)(c))
- Meaning to include High court jurisdiction of Special Court situated in state
6. Definition of Public Prosecutor under NIA Act, 2008 (Section 2(1)(e))
- Meaning to include Public Prosecutor + Additional Public Prosecutor + Special Public Prosecutor (all) appointed under section 15 of NIA Act, 2008.
7. Definition of Special Court under NIA Act, 2008 (Section 2(1)(h))
- Meaning to include Special Court constituted under section 11 + 22 (both) under NIA Act, 2008.
8. Definition of Words under NIA Act, 2008 (Section 2(1)(i))
- Meaning to include words + expressions (both) used but not defined under NIA Act, 2008.
(B) National Investigation Agency under NIA Act, 2008 in India (Chapter-II)
9. Constitution of NIA under NIA Act, 2008 in India (Section 3)
(i) Govt. permitted to constitute special agency like National Investigation Agency (NIA) for investigations + prosecution against offences under NIA Act, 2008 + rules specified thereon (all) beside continuity of Police Act, 1861 (5 of 1861)
(ii) Govt. permitted to issue order to officers of NIA throughout India for investigations against 9 Scheduled Offences referred in NIA Act, 2008 + to arrest accused person + also have 100% powers + duties + privileges + liabilities available with police officers under Police Act, 1861 for investigations of offences committed by accused person (all).
(iii) (a) permitted to issue order to officers of NIA above rank of Sub-Inspector to exercise powers throughout India available with police officers under Police Act, 1861 equivalent to powers of officer-in-charge of police station in area
(b) Hence officers of NIA be deemed officer-in-charge of police station for discharging functions of officers within limits of his police station.
10. Superintendence of NIA under NIA Act, 2008 in India (Section 4)
(i) Govt. empowered for superintendence of NIA
(ii) Director General (DG) of NIA already appointed by govt. permitted to exercise powers exercisable by DG of Police in police force in State.
11. Determination of terms and conditions of service of NIA’s officers (Section 5)
- Govt. permitted to constitute NIA under NIA Act, 2008 + to determine service conditions of officers to be employed in NIA + also be in prescribed manner.
(C) Investigations by NIA under NIA Act, 2008 in India (Chapter-III)
12. NIA’s powers for Investigating of 9 Scheduled offences – NIA Act (Section 6)
(i) Office-in-charge of police station required to forward report to State govt. after receipt of information’s + also recording if any (both) under section 154 of Code against 1 out of 9 Scheduled offences.
(ii) State govt. required to forward report to govt. immediately after receipt of report from office-in-charge of police station under section 6(1) of NIA Act, 2008.
(iii) Central govt. (govt.) required to determine for investigations through NIA based on report received from state govt. + receipt of information’s from other sources + gravity of offences + other necessary criteria (all) maximum in 15 day from date of receipt of report from State govt.
(iv) Govt. permitted to direct NIA to investigate against scheduled offences when considered necessary based on receipt of substantial input for investigation.
(v) Govt. su-moto permitted to direct NIA to investigates against scheduled offences when considered necessary
(vi) State govt. + office-in-charge of police of State govt. (both) required not to proceed with investigations + also to handover relevant document + records to NIA when Govt. already directed to investigate by NIA under section 6(4) of NIA Act, 2008 (all).
(vii) Office-in-charge of police station required to continue investigations till NIA formally take-up investigations against scheduled offence.
13. NIA’s powers for transferring investigations to State Govt. NIA Act (Section 7)
- NIA permitted to transfer investigations to State govt. based on gravity of offences + other relevant factors (both) like:
(i) NIA permitted to request State govt. to associate with investigations when NIA considered necessary
Or
(ii) NIA permitted to transfer to State govt. with prior approval from govt. for investigations + trial of offences (both)
14. NIA’s powers for investigating connected other offences (Section 8)
- NIA permitted to investigate other offence which already connected with scheduled offence + presently under investigation + also committed by same person (all).
15. State govt.’s duties for providing assistance to NIA under NIA Act (Section 9)
- State govt. required to provide 100% assistance + co-operation (both) to NIA for investigations of Scheduled Offences
16. State govt.’s powers for investigating 9 Scheduled Offences (Section 10)
(i) State govt. permitted to investigate + prosecute against Scheduled Offences under NIA Act, 2008 + also other offence under any other law for time being in force (all).
+ (plus)
(ii) NIA Act, 2008 not restricting State govt. to investigate + prosecute against Scheduled Offences under NIA Act, 2008 + also other offence under any other law for time being in force (all).
(D) Special Courts under NIA Act, 2008 in India (Chapter-IV)
17. Govt. ’s powers for constituting special court – NIA Act, 2008 (Section 11)
(i) Govt. ’s permitted to constitute 1 + more than 1 special courts for any area + specific case + class + group of cases to be specified through notification in Official Gazette for trial of Scheduled Offences (all).
(ii) NIA required to refer govt. for jurisdiction of Special Court when any confusion arises for jurisdiction. Hence govt.’s decision be treated final.
(iii) Special Court be presided by judge already appointed by after recommendation of Chief Justice of High Court of State.
(iv) NIA permitted to make application to Chief Justice of High Court of State for appointment of Judge to preside over Special Court.
(v) Chief Justice of High court of State required to appoint judge for special court maximum in 7 day from receipt of application from NIA under section 11(4) of NIA Act, 2008.
(vi) Govt. ’s permitted to appoint additional judge(s) for Special Court after recommendation of Chief Justice of High Court of State.
(vii) Judge + additional judge of Special court be qualified for appointment when same judge had been appointed session judge + additional session judge in any state (all).
(viii) (a) Judge + additional judge of Special court under NIA Act, 2008 permitted to continue beside original retirement age limit already completed
+ (plus)
(b) Govt. permitted to issue order directing to continue as judge till specified date or till completion of trial of case(s) pending before him + also case(s) be specified in order (all)
(ix) Judge of Special court permitted for distribution of work between himself and additional judge(s) through general or special order to be issued in writing + also for disposal of urgent business (work) in his absence or absence of additional judge(s) (both)
18. Special court’s powers for shifting of place of sitting – NIA Act (Section 12)
- Special Court permitted su-moto + also on receipt of application from public prosecutor (both) when consider necessary to sit at other place than its ordinary place of sitting.
19. Special court’s Jurisdiction for Special Courts under NIA Act (Section 13)
(i) Special court under NIA Act, 2008 required to investigate against Scheduled offences within local jurisdiction where offences actually committed.
(ii) Special circumstances for investigations beyond local jurisdiction like:
(a) Where fair + impartial + speedy trial (all) not possible
Or
(b) Where trial without breach of peace or grave risk to safety of accused + witnesses + Public Prosecutor + judge of Special Court (all) not possible
Or
(c) Where interests of justice not possible
(d) Where Supreme court transfer any specific case pending before 1st special court to 2nd special court within state or in other state
+ (plus)
High court transfer any specific case pending before 1st special court to 2nd special court within state
(iii) Supreme Court + High Court permitted to transfer any specific case pending under section 13 of NIA Act, 2008 after receipt of application from Central govt. + interested party + attorney general for India (all).
20. Special Court’s powers for other offences under NIA Act, 2008 (Section 14)
(i) Special court under NIA permitted to try after any other offence committed by same accused under Code in same trial where both offences already inter connected.
(ii) Special court under NIA permitted to try convict against same accused convict who already committed any other offences + also permitted to pass order for sentences + also order for punishment authorized under NIA Act, 2008 + any other law (all).
21. Appointment of Public Prosecutors by govt. under NIA Act, 2008 (Section 15)
(i) Gov permitted to appoint public prosecutor(s) + additional public prosecutor(s) + special public prosecutor(s) for specific case(s) + group(s) (all)
(ii) Qualification for public + additional public + special public prosecutor(s) (all)
- Govt. appointed public prosecutor(s) be in practice as advocate for minimum 7 year or already held any post in Central + state govt. for minimum 7 year + also having special knowledge of laws (all).
(iii) Public + additional + special prosecutors appointed under section 15 of NIA Act, 2008 be deemed public prosecutor under section 2(u) of Code + also other provisions of Code (all).
22. Procedures + powers of Special Courts under NIA Act, 2008 (Section 16)
(i) Special Court permitted to take cognizance against any offence for trial after receipt of complaint of facts about conducting of offences + also receipt of report from police about facts (both).
(ii) Special court permitted to try against offences in summary way under procedure prescribed in Code + also under section 263 + 264 + 265 of Code be applied for trial where offences triable by Special Court + also punishable with imprisonment for maximum 3 year or with fine or with both (all).
(a) Special court permitted to call any witness for examination + also to proceed for re-hearing against case under provisions of court for trial of offences where during course of summary trial Special court consider that case not desirable to try under summary way (both)
+ (plus)
(b) Special court lawfully permitted for passing order for imprisonment maximum 1 year + with fine maximum INR 5 lac against conviction under summary trial (both).
(iii) Special court permitted under section 16 for trial against any offence + also have 100% powers of court of session prescribed in Code about trial before court (both).
(iv) Special court permitted for receiving transfer of case under section 13(2) + also be dealt equivalent to already transferred under section 406 of Code
(v) (a) Special court permitted under section 299 of Code to proceed with trial in absence of accused + his pleader + records for evidence of witness (all).
(b) However accused has right to recall witness for cross-examination
23. Rights for Protection of witnesses under NIA Act, 2008 (Section 17)
(i) Special court permitted to allow that proceedings be held in camera after recording reasons in writing under NIA Act, 2008.
(ii) Special court permitted to take security measures considered necessary for keeping identity + address of witness (both) secretly against expected danger for life of witness after receipt of application from public prosecutor + witness + also through its own motion (all)
(iii) Special powers with special court without prejudice to generality of provisions
(a) Special court permitted to hold proceedings at any place considered necessary
(b) Special court permitted to avoid to mention names + addresses of witnesses in orders + in judgments + in other records of cases accessible to public (all).
(c) Special court permitted to issue any direction for securing identity + address of witnesses (both) not to be disclosed
(d) Special court permitted in public interest for not publishing about proceedings pending in any manner.
(iv) Contravention by any person against decision + direction issued by special court under section 17 (3) be punishable with imprisonment maximum 3 year + fine maximum INR 1 thousand (all).
24. Govt’s powers for sanctioning prosecution under NIA Act (Section 18)
- Govt. permitted for sanctioning prosecution against suit or other legal proceedings to be instituted in any court of law against any member of NIA + also any person acting on behalf of NIA in exercising power conferred under NIA, 2008.
25. Special court’s + non special court’s duties (both) for priority trial (Sec. 19)
- Special court under NIA Act, 2008 + non special court (both) required to hold priority proceedings (trial) on day-to- day basis on 100% working days.
26. Special court’s powers to transfer cases to regular courts (Section 20)
(i) Special court permitted to transfer cases to regular courts (non special courts) after taking cognizance of offences that offences not triable by Special court
+ (plus)
(ii) Special court permitted to transfer case for trial of offences by non special court having jurisdiction under Code of Criminal Procedure 1973
+ (plus)
(iii) Non special court required to proceed against transferred case with trial of offences deemed already taken cognizance of offence.
27. Appeals by aggrieved accused person under NIA Act (Section 21)
(i) Aggrieved accused person permitted to file appeal before High court of state against judgment + imprisonment + order + etc. issued by Special court based on facts + law (all)
(ii) High court required to hear through bench having minimum 2 judge + also to dispose maximum in 3 month from date of admission of appeal
(iii) Aggrieved accused person not permitted to file appeal + also revision to High court against judgment + imprisonment + order + etc. issued by Special court against interlocutory order (all).
(iv) High court permitted to grant bail + also to refuse bail against order of Special court (both).
(v) Aggrieved accused person required to file appeal before High court against order of Special court in maximum 30 day from date of judgment + imprisonment + order + etc. (all).
(vi) (a) High court permitted to allow to file appeal after expiry of maximum 30 day where satisfied that aggrieved accused person genuinely had sufficient reason for not filling appeal in maximum 30 day.
(b) High court not permitted to allow to file appeal after expiry of maximum 90 day.
28. State govt.’s powers to constitute Special Courts under NIA Act (Section 22)
(i) State permitted to constitute 1 or more than 1 Special Courts for trial against offences committed under 9 scheduled offences of NIA Act, 2008.
(ii) State govt. permitted to constitute Special courts with modifications (only) like:
(a) Provisions of section 11 + 15 (both) permitted under NIA Act, 2008 where reference to Central govt. be deemed reference to State govt.
(b) Provisions of section 13(1) permitted under NIA Act, 2008 where reference to NIA be deemed reference to investigations agency of State govt.
(c) Provisions of section 13(3) permitted under NIA Act, 2008 where reference to Attorney-General of India be deemed reference to Advocate-General of the State.
(iii) Special court constituted by State govt. under section 22 be permitted to issue judgment for imprisonment + have 100% powers + also permitted to follow 100% procedures already specified under NIA Act, 2008
(iv) Special court already constituted by Central govt. required to transfer 100% information’s + documents + etc. (all) to special court constituted by State govt. under section 22 for trial against scheduled offences committed by accused under NIA Act, 2008
(E) Miscellaneous under NIA Act, 2008 in India (Chapter-V)
29. High court’s powers for rules-Special court constituted in state (Section 23)
- High Court of state permitted to make rules considered necessary for carrying provisions under NIA Act, 2008 about Special court constituted in same state.
30. Govt. ’s powers to remove difficulties under NIA Act, 2008 (Section 24)
(i) Govt. permitted to remove difficulties in implementation where provisions not consistent with NIA Act, 2008 through issue of order to be published in Official Gazette when considered necessary.
(ii) Govt. not permitted to issue abovementioned order after 2 year from date of commencement of NIA Act, 2008.
(iii) Govt. required to lay down abovementioned order in next session of 2 houses of Parliament.
31. Govt ’s powers to make rules under NIA Act, 2008 (Section 25)
(i) Govt. permitted to make rules for carrying provisions of NIA Act, 2008 through notification in Official Gazette.
(ii) Govt. permitted to make rules without prejudice to generality to foregoing power for certain matters like:
(a) Matter of manner for constitution of NIA + also determination of conditions of service of persons employed in NIA under section 5 of NIA Act, 2008
(b) Any other matter considered necessary in future for carrying provisions of NIA Act.
32. Procedure for laying of rules by govt. under NIA Act, 2008 (Section 26)
(i) Govt. required to lay new rule before 2 houses of Parliament during session for maximum 30 day in 1 or 2 or more successive session
(ii) 2 houses of Parliament required to agree that rule be made or rule not to be made + also any modification in existing rule be made without prejudice to validity of anything previously done under that rule
(F) NIA Special court’s judgments against Scheduled offences under NIA Act
33. NIA Special court’s judgments for Smuggling + circulation of FICN (both)
(i) (a) Ravi Dhiren (Jadhav) + Nuruddin Islam Bari + Mohd. Samad Mohd. (Shahid Shaikh) + Mohd. Aijul Mohd. (Sarali Shaikh) + Abdul Asurddin Shaikh + Azraul Tamez Shaikh convicted under section 235(2) of Code of Criminal Procedure 1973 against offences punishable under section 489B of Indian Penal Code (all).
(b) Abovementioned 6 accused sentenced to imprisonment for life time + also to pay fine INR 1 thousand each (both).
(c) Abovementioned 6 accused to be sentenced for 6 month rigorous imprisonment when make default in payment of fine.
(ii) (a) Abovementioned 6 accused convicted under section 235(2) of Code of Criminal Procedure 1973 against offences punishable under section 489C of Indian Penal Code (all).
(b) Abovementioned 6 accused sentenced to imprisonment for 7 year + also to pay fine INR 5 hundred each (both).
(c) Abovementioned 6 accused to be sentenced for 3 month rigorous imprisonment when make default in payment of fine.
(iii) (a) Abovementioned 6 accused convicted under section 235(2) of Code of Criminal Procedure 1973 against offences punishable under section 489E of Indian Penal Code (all).
(b) Abovementioned 6 accused sentenced to pay fine INR 1 hundred each.
(iv) (a) Abovementioned 6 accused convicted under section 235(2) of Code of Criminal Procedure 1973 against offences punishable under section 16 (1) of Unlawful Activities (Prevention) Act, 1967 (all).
(b) Abovementioned 6 accused sentenced to imprisonment for life time + also to pay fine INR 1 thousand each (both).
(c) Abovementioned 6 accused to be sentenced for 6 month rigorous imprisonment when make default in payment of fine.
(v) (a) Abovementioned 6 accused convicted under section 235(2) of Code of Criminal Procedure 1973 against offences punishable under section 18 of Unlawful Activities (Prevention) Act, 1967 + also under section 120B of Indian Penal Code (all).
(b) Abovementioned 6 accused sentenced to imprisonment for life time + also to pay fine INR 1 thousand each (both).
(c) Abovementioned 6 accused to be sentenced for 6 month rigorous imprisonment when make default in payment of fine.
(vi) Abovementioned 6 accused acquitted for offences punishable under section 17 of Unlawful Activities (Prevention) Act, 1967.
(vii) Abovementioned 6 accused be sentenced concurrently (simultaneously)
(viii) Copy of judgments + findings + sentences (all) be forwarded to District Magistrate Mumbai under section 365 of Code of Criminal Procedure 1973.
(ix) Copy of judgments + findings + sentences (all) be given to abovementioned 6 accused
(x) Property located at Muddemal + 100% other already seized properties (both) be disposed immediately
34. NIA Special court’s judgments for 2 bomb blast at Dilsukhnagar
- Imprisonment + Fine (both) against 5 accused identified as Asadullah Akhtar (Haddi) + Zia ur Rahman (Wagas) + Mohd. Tahseen Akhtar (Hassan) + Mohd. Ahmed Siddibapa (Yasin Bhatkal) + Ajaz Shaikh (Samar Armaan Tunde) (all) like
| S.No | Nature of Imprisonment | Fine in INR | Under Section | Under Act |
| (i) | Hang till Death | 10 thousand | 120-B + 302 | Indian Penal Code, 1973 |
| (ii) | Hang till Death | 10 thousand | 121 | Indian Penal Code, 1973 |
| (iii) | Life Time | 10 thousand | 121-A | Indian Penal Code, 1973 |
| (iv) | Life time | 10 thousand | 122 | Indian Penal Code, 1973 |
| (v) | Hang till Death | 20 thousand | 302 + 34 | Indian Penal Code, 1973 |
| (vi) | Life time | 20 thousand | 307 + 34 | Indian Penal Code, 1973 |
| (vii) | 10 year | 10 thousand | 316 + 34 | Indian Penal Code, 1973 |
| (viii) | Life time | 10 thousand | 436 + 34 | Indian Penal Code, 1973 |
| (ix) | 7 year | 10 thousand | 201 | Indian Penal Code, 1973 |
| (x) | 7 year | 10 thousand | 466 + 109 | Indian Penal Code, 1973 |
| (xi) | 7 year | 10 thousand | 474 + 109 | Indian Penal Code, 1973 |
| (xii) | Hang till Death | 10 thousand | 3(b) | Explosive Substances Act |
| (xiii) | Life time | 20 thousand | 5 | Explosive Substances Act |
| (xiv) | Hang till Death | 10 thousand | 3(b) | Explosive Substances Act |
| 34 | Indian Penal Code, 1973 | |||
| (xv) | 2 year | 1 thousand | 14 | Foreigners Act 1946 |
| 109 | Indian Penal Code, 1973 | |||
| (xvi) | 2 year | 10 thousand | 4 | Public Property Damages Act |
| 34 | Indian Penal Code, 1973 | |||
| (xvii) | Life time | 10 thousand | 16 | Unlawful Activities (Prevention) Act, 1967 |
| 34 | Indian Penal Code, 1973 | |||
| (xviii) | 10 year | 10 thousand | 17 | Unlawful Activities (Prevention) Act, 1967 |
| (xix) | 10 year | 10 thousand | 18 | Unlawful Activities (Prevention) Act, 1967 |
| (xx) | 10 year | 10 thousand | 19 | Unlawful Activities (Prevention) Act, 1967 |
| 109 | Indian Penal Code, 1973 |
35. NIA Special court’s judgments for compensation to victims of bomb blast
(i) Special court ordered govt. to pay sufficient compensation to victims of bomb blast at Dilsukhnagar.
(ii) Govt.’s district legal services authority required to pay sufficient compensation to 78 victims out of 126 victims who sustained grevious injuries against bomb blast at Dilsukhnagar + also compensation be decided under scheme referred under section 357-A (1) of Cr.P.C.
(iii) Amount of fine received from 5 accused be utilized for compensation to victims of bomb blast by govt.’s district legal services authority
(iv) Compensation INR 1 lac be given to owner of A1-Mirchi centre PW16 Kothapally Narasimha Reddy for damages of A1-Mirchi centre + INR 50 thousand be given to Telangana State Road Transport Corporation for damages under section 357 (1) Cr.P.C + also balance fund be given to govt.’s district legal services authority after appeal time to be overed.
(v) Proceedings be submitted to High Court of state + also sentence of death not to be executed till receipt of confirmation from High Court (both).
(vi) Copy of Judgment + sentence order (both) be given to 5 accused at free of cost immediately.
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(Author can be reached at email address satishagarwal307@yahoo.com or on Mobile No. 9811081957)
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