NATIONAL INVESTIGATION AGENCY
(AMENDMENT) ACT, 2019 THE
NATIONAL INVESTIGATION AGENCY (AMENDMENT) ACT, 2019 [Act
No. 16 of 2019] [24th
July, 2019] An Act to amend the National
Investigation Agency Act, 2008. Be it enacted by Parliament in the
Seventieth Year of the Republic of India as follows:-- (1) This Act may be
called the National Investigation Agency (Amendment) Act, 2019. (2) It shall come into
force on such [1]date
as the Central Government may, by notification in the Official Gazette,
appoint. In the National Investigation Agency
Act, 2008 (34 of 2008) (hereinafter referred to as the principal Act),
in section 1, in sub-section (2),-- (i) in clause (b), the
word "and" occurring at the end, shall be omitted; (ii) in clause (c), after
the words "may be", the word "and" shall be inserted; (iii) after clause (c), the
following clause shall be inserted, namely:-- "(d) to persons who commit a
Scheduled Offence beyond India against the Indian citizens or affecting the
interest of India.". In section 2 of the principal Act, in
sub-section (1), in clause (h), for the words "a Special Court
constituted", the words "a Court of Session designated as Special
Court" shall be substituted. In section 3 of the principal Act, in
sub-section (2), after the word "India", the words "and, subject
to any international treaty or domestic law of the concerned country, outside
India," shall be inserted. In section 6 of the principal Act,
after sub-section (7), the following sub-sections shall be inserted, namely:-- "(8) ?Where the Central Government is of the opinion
that a Scheduled Offence has been committed at any place outside India to which
this Act extends, it may direct the Agency to register the case and take up
investigation as if such offence has been committed in India. (9) ??For the purposes of sub-section (8), the
Special Court at New Delhi shall have the jurisdiction.". In section 11 of the principal Act,-- (i) in the marginal
heading, for the word "constitute", the words "designate Court
of Session as" shall be substituted; (ii) in sub-section (1),-- "(a) ?for the portion beginning with the words
"The Central Government", and ending with the words "Special
Courts", the words "The Central Government shall, in consultation
with the Chief Justice of the High Court, by notification in the Official
Gazette, for the trial of Scheduled Offences, designate one or more Courts of
Session as Special Court" shall be substituted; (b) ??the following Explanation shall be inserted,
namely:-- 'Explanation.--For the purposes of this
sub-section, the expression "High Court" means the High Court of the
State in which a Court of Session to be designated as Special Court is
functioning.'; (iii) sub-sections (3),
(4), (5), (6) and (7) shall be omitted; (iv) in sub-section (8),--
(a) for the words
"by a person appointed as a Judge or an additional Judge of a Special
Court", the words, brackets and figure "by the Sessions Judge of the
Court of Session referred to in sub-section (1)" shall be substituted; (b) for the words
"such judge or additional judge and the Central Government", the
words "judge of the Special Court and the appointing authority in
consultation with the Central Government" shall be substituted; (c) for the words
"as may be specified in that order" occurring at the end, the words
",whichever is earlier" shall be substituted; (v) for sub-section (9),
the following sub-section shall be substituted, namely:-- "(9) When more than one Special
Court is designated for an area or areas, the senior-most Judge shall
distribute the business among them.". In section 22 of the principal Act,-- (i) in the marginal
heading, for the word "constitute", the words "designate Court
of Session as" shall be substituted; (ii) in sub-section (1),
for the words "constitute one or more", the words "designate one
or more Courts of Session as" shall be substituted; (iii) in sub-sections (2),
(3) and (4), for the word "constituted" wherever it occurs, the word
"designated" shall be substituted. In the Schedule to the principal
Act,--- (i) for serial number 1
and the entry relating thereto, the following serial numbers and entries shall
be substituted, namely:-- "1. The Explosive Substances Act,
1908 (6 of 1908); 1A. The Atomic Energy Act, 1962 (33 of
1962);"; (ii) in serial number 3,
for the figures, brackets and word "1982 (65 of 1982)", the figures,
brackets and word "2016 (30 of 2016)" shall be substituted; (iii) in serial number 8,
for entry (b), the following entries shall be substituted, namely:-- "(b) Sections
370 and 370A of Chapter XVI of the Indian Penal Code (45 of
1860); (c)??? Sections 489A to 489E (both
inclusive) of the Indian Penal Code (45 of 1860); (d) ??Sub-section (1AA) of section 25 of
Chapter V of the Arms Act, 1959 (54 of 1959); (e) ? Section 66F of Chapter XI of the Information
Technology Act, 2000 (21 of 2000).". Statement of Objects
and Reasons - NATIONAL INVESTIGATION AGENCY (AMENDMENT) ACT, 2019 STATEMENT
OF OBJECTS AND REASONS (1) The National
Investigation Agency Act, 2008 (the Act) was enacted with a view to constitute
an investigation agency at the national level to investigate and prosecute
offences affecting the sovereignty, security and integrity of India, security
of State, friendly relations with foreign States and offences under Acts
enacted to implement international treaties, agreements, conventions and
resolutions of the United Nations, its agencies and other international
organisations. (2) In order to
facilitate the speedy investigation and prosecution of Scheduled Offences,
including those committed outside India against the Indian citizens or
affecting the interest of India and to insert certain new offences in the
Schedule to the Act as Scheduled Offences which adversely affect the national
security, it has become necessary to amend certain provisions of the Act. (3) The National
Investigation Agency (Amendment) Bill, 2019, inter alia, provides for the
following, namely:-- (i) to insert a new
clause (d) in sub-section (2) of section 1 of the Act so as to apply the
provisions of the Act also to persons who commit a Scheduled Offence beyond
India against the Indian citizens or affecting the interest of India; (ii) to amend sub-section
(2) of section 3 of the Act to provide that the officers of the National
Investigation Agency shall have the similar powers, duties, privileges and
liabilities, being exercised by the police officers in connection with the
investigation of offences, not only in India but also outside India; (iii) to amend section 6 of
the Act so as to empower the Central Government, with respect to a Scheduled Offence
committed outside India, to direct the Agency to register the case and take up
investigation as if such offence has taken place in India; (iv) to amend sections 11
and 22 of the Act so as to provide that the Central Government and the State Governments
may designate one or more Courts of Session as Special Court or Special Courts
for conducting the trial of offences under the Act; and (v) to amend Schedule of
the Act so as to insert certain new offences in the said Schedule. (vi) The Bill seeks to achieve
the above objectives.
Preamble
- NATIONAL INVESTIGATION AGENCY (AMENDMENT) ACT, 2019PREAMBLE