NIA Case Lawyer in Delhi / india

The NIA is established under the National Investigation Agency Act, 2008, and is the primary anti-terror investigation task force of India. The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs. The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by the Parliament of India. The NIA is headquartered in New Delhi and has branches in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai and Imphal.
The NIA investigates and prosecutes offences related to explosive substances, atomic energy, nuclear weapons, unlawful activities, terrorist activities, hijacking, etc. that affect:

  1. the sovereignty and integrity of India;
  2. the security of our country;
  3. Friendly relations with foreign countries; and
  4. Implementation of international treaties, agreements etc. of the United Nations and other international organizations.
NIA officers have the power to investigate scheduled offences and arrest people who are involved in such offences. In relation to this, the officers of the NIA have all the powers, duties, privileges and liabilities which ordinary police officers have while conducting an investigation. The administration of the NIA lies with its Director-General, who enjoys the same powers as a Director-General of Police. While investigating any offence under the Act, the NIA can request a State government to associate itself with the investigation. The NIA can also take the approval of the Central government to transfer a case to a State government for investigation and trial. For doing this, the NIA will take into account the seriousness of the offence and other relevant factors.

THE SCHEDULE OF OFFENCES THAT IS INVESTIGATED BY THE NIA :-
  1. The Atomic Energy Act, 1962 (33 of 1962);
  2. The Unlawful Activities (Prevention) Act, 1967 (37 of 1967);
  3. The Anti-Hijacking Act, 1982 (65 of 1982);
  4. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982 (66 of 1982);
  5. The SAARC Convention (Suppression of Terrorism) Act, 1993 (36 of 1993);
  6. The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 (69 of 2002);
  7. The Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 (21 of 2005);
  8. Offences under—
(a) Chapter VI of the Indian Penal Code (45 of 1860) [sections 121 to 130 (both inclusive)];
(b) Sections 489-A to 489-E (both inclusive) of the Indian Penal Code (45 of 1860).

JURISDICTION OF THE NIA:
The officers of the NIA have the same powers as other police officers in relation to the investigation of such offences, across India. The officers of the NIA will have the power to investigate scheduled offences 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 offence has been committed in India.

INVESTIGATION OF SCHEDULED OFFENCES: (SEC-6)- SECTION 6 OF THE ACT EMPOWERS THE OFFICERS OF NIA TO REGISTER A CASE AND INVESTIGATE THE MATTER ON FOLLOWING TERMS:-
  1. On receipt of information and recording thereof under section 154 of the Code relating to any Scheduled Offence the officer-in-charge of the police station shall forward the report to the State Government forthwith.
  2. On receipt of the report under sub-section (1), the State Government shall forward the report to the Central Government as expeditiously as possible.
  3. On receipt of report from the State Government, the Central Government shall determine on the basis of information made available by the State Government or received from other sources, within fifteen days from the date of receipt of the report, whether the offence is a Scheduled Offence or not and also whether, having regard to the gravity of the offence and other relevant factors, it is a fit case to be investigated by the Agency.
  4. Where the Central Government is of the opinion that the offence is a Scheduled Offence and it is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the said offence.
  5. Notwithstanding anything contained in this section, if the Central Government is of the opinion that a Scheduled Offence has been committed which is required to be investigated under this Act, it may, suo motu, direct the Agency to investigate the said offence.
  6. Where any direction has been given under sub-section (4) or sub-section
  7. the State Government and any police officer of the State Government investigating the offence shall not proceed with the investigation and shall forthwith transmit the relevant documents and records to the Agency.
  8. For the removal of doubts, it is hereby declared that till the Agency takes up the investigation of the case, it shall be the duty of the officer-in-charge of the police station to continue the investigation
SPECIAL COURTS (SECTION 11): The Section 11 of the Act empowers the central government to constitute one or more Special Courts for such area or areas, for the trial of the cases registered under the SCHEDULE OF OFFENCES or for such case or class or group of cases. Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the Central Government whose decision in the matter shall be final. A Special Court shall be presided over by a judge to be appointed by the Central Government on the recommendation of the Chief Justice of the High Court.

JURISDICTION OF SPECIAL COURTS (SECTION 13):
  1. Every Scheduled Offence investigated by the Agency is tried only by the Special Court within whose local jurisdiction it was committed.
  2. If, having regard to the exigencies of the situation prevailing in a State if,—
    (a) it is not possible to have a fair, impartial or speedy trial; or
    (b) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor or a judge of the Special Court or any of them; or
    (c) it is not otherwise in the interests of justice, the Supreme Court may transfer any case pending before a Special Court to any other Special Court within that State or in any other State and the High Court may transfer any case pending before a Special Court situated in that State to any other Special Court within the State.
  3. The Supreme Court or the High Court, as the case may be, may act under this section either on the application of the Central Government or a party interested and any such application shall be made by motion, which shall, except when the applicant is the Attorney-General for India, be supported by an affidavit or affirmation.