NIA Amendment Bill, 2019 introduced in Rajya Sabha

The National Investigation Agency (NIA) Amendment Bill, 2019, has been introduced in the upper house, Rajya Sabha, according to media reports. The Samajwadi Party has reportedly supported the NIA Bill in Rajya Sabha.

The Lok Sabha passed the National Investigation Agency (Amendment) Bill on Monday which give more teeth to the NIA in probing terror cases in India and abroad. The Bill amends the National Investigation Agency (NIA) Act, 2008. The Act provides for a national-level agency to investigate and prosecute offenses listed in a schedule (scheduled offenses). The Bill seeks to allow the NIA to investigate the following offenses, in addition: (i) human trafficking, (ii) offences related to counterfeit currency or banknotes, (iii) manufacture or sale of prohibited arms, (iv) cyber-terrorism, and (v) offences under the Explosive Substances Act, 1908.

The Bill also expands the jurisdiction of the NIA. The officers of the NIA have the same powers as other police officers in relation to the investigation of such offenses, across India. The Bill states that in addition, officers of the NIA will have the power to investigate scheduled offenses committed outside India, subject to international treaties and domestic laws of other countries. The central government may direct the NIA to investigate such cases as if the offense has been committed in India. The Special Court in New Delhi will have jurisdiction over these cases.

Further, the Act allows for the creation of Special Courts for the trial of scheduled offenses. The Act allows the central government to constitute Special Courts for the trial of scheduled offenses. The Bill amends this to state that the central government may designate Sessions Courts as Special Courts for the trial of scheduled offenses. The central government is required to consult the Chief Justice of the High Court under which the Sessions Court is functioning, before designating it as a Special Court. When more than one Special Court has been designated for any area, the senior-most judge will distribute cases among the courts. Further, state governments may also designate Sessions Courts as Special Courts for the trial of scheduled offenses.

The National Investigation Agency (NIA) is a central agency, which was formed in the wake of the 26/11 Mumbai terror attack of 2008. According to its website, the agency functions as the Central Counter-Terrorism Law Enforcement Agency in India.