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NIA (Amendment) Bill, 2019

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July 16, 2019

Why in News?

The Lok Sabha has passed the National Investigation Agency (Amendment) Bill, 2019.

What is NIA?

  • The National Investigation Agency (NIA) was set up in 2009 under the NIA Act, 2008.
  • It was set up in the wake of the Mumbai terror attack.
  • At present, NIA is functioning as the Central Counter Terrorism Law Enforcement Agency in India.
  • It aims to be a thoroughly professional investigative agency matching the best international standards at the national level, by developing into a highly trained, partnership-oriented workforce.
  • It aims to discourage the existing and potential terrorist groups/individuals.
  • It aims to develop as a storehouse of terrorist related information.

What are the provisions of NIA act, 2008?

  • Type of offences - NIA can investigate offences under Acts such as the Atomic Energy Act, 1962 and the Unlawful Activities Prevention Act, 1967.
  • NIA’s jurisdiction - For the offences under its purview, NIA officers have the same power as other police officers and these extend across the country.
  • Trial Courts - The existing Act allows the Centre to constitute special courts for NIA’s trials.

What are the changes in NIA (Amendment) Bill 2019?

  • Type of offences that the NIA can investigate and prosecute is now expanded.
  • This will enable NIA to additionally investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908.
  • NIA’s jurisdiction - The Bill gives NIA officers the power to investigate offences committed outside India. The Special Court in New Delhi will have jurisdiction over these cases.
  • Its jurisdiction outside India will be subject to international treaties and domestic laws of other countries.
  • Special trial courts can be designated by the Central government for the offences that come under NIA’s purview or the “scheduled offences”.
  • The Bill enables the Centre to designate sessions courts as special courts.
  • The Centre is required to consult the Chief Justice of the High Court under which the Sessions Court is functioning, before designating it.
  • The state governments may also designate Sessions Courts as Special Courts for the trial of scheduled offences.

 

Source: The Indian Express, PRS.

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