Executive Summary:
The National Investigation Agency Amendment Act, 2019, Act No. 16 of 2019, received presidential assent on July 24, 2019, and was published on July 25, 2019. It amends the National Investigation Agency Act, 2008, to expand the agency's jurisdiction and modify court designations. The Act comes into force on a date to be notified by the Central Government.
Key Points / Main Content:
* **Amendment to Section 1:**
* Extends the NIA's jurisdiction to include scheduled offenses committed beyond India against Indian citizens or affecting India's interests.
* **Amendment to Section 2:**
* Substitutes "a Court of Session designated as Special Court" for "a Special Court constituted."
* **Amendment to Section 3:**
* Extends NIA's power to investigate offenses outside India, subject to international treaties and domestic laws of the concerned country.
* **Amendment to Section 6:**
* Allows the Central Government to direct the NIA to register and investigate scheduled offenses committed outside India as if committed in India.
* Designates the Special Court at New Delhi to have jurisdiction for offenses under subsection 8.
* **Amendment to Section 11:**
* Changes "constitute" to "designate Court of Session as" in the marginal heading.
* Specifies that the Central Government, in consultation with the Chief Justice of the High Court, will designate one or more Courts of Session as Special Court.
* Defines "High Court" for the purpose of this subsection.
* Removes subsections 3, 4, 5, 6, and 7.
* Modifies the process for filling vacancies, involving the Sessions Judge and consultation with the appointing authority and Central Government.
* Specifies that the seniormost Judge shall distribute business among multiple Special Courts designated for an area.
* **Amendment to Section 22:**
* Changes "constitute" to "designate Court of Session as" in the marginal heading.
* Replaces "constitute one or more" with "designate one or more Courts of Session as."
* Replaces "constituted" with "designated" in subsections 2, 3, and 4.
* **Amendment to the Schedule:**
* Replaces serial number 1 with entries for The Explosive Substances Act, 1908 and The Atomic Energy Act, 1962.
* Updates the reference in serial number 3 to "2016 30 of 2016."
* Modifies entries for serial number 8, including sections of the Indian Penal Code, the Arms Act, and the Information Technology Act.
Impact Analysis:
Central Government:
* Impact: Granted authority to direct NIA investigations for offenses committed outside India and involved in consultation for court designations and vacancy appointments.
* Action Required: To issue a notification in the Official Gazette to appoint a date for the Act to come into force. To consult with the Chief Justice of the High Court to designate one or more Courts of Session as Special Court.
High Courts and Chief Justices:
* Impact: Chief Justices are required to be consulted by the Central Government when designating Courts of Session as Special Courts.
* Action Required: Participate in consultations with the Central Government regarding the designation of Special Courts.
NIA (National Investigation Agency):
* Impact: Expanded jurisdiction to investigate scheduled offenses committed outside India and changes in court designation procedures.
* Action Required: Prepare to investigate offenses committed outside India as directed by the Central Government and adapt to the new court designation processes.
Special Courts:
* Impact: Courts of Session are now designated as Special Courts and the Special Court at New Delhi has jurisdiction for offenses committed outside of India.
* Action Required: Adapt to functioning as designated Special Courts under the amended Act and the seniormost Judge distributes the business among them when more than one Special Court is designated for an area.
Key Entities Referenced
National Investigation Agency Amendment Act, 2019: An Act to amend the National Investigation Agency Act, 2008.
Parliament: The legislative body that enacted the National Investigation Agency Amendment Act, 2019.
President: The head of state who gave assent to the National Investigation Agency Amendment Act, 2019.
National Investigation Agency Act, 2008: The principal Act which is being amended by the National Investigation Agency Amendment Act, 2019.
Central Government: The governing body empowered to appoint a date for the Act to come into force and to direct the Agency to register cases of Scheduled Offences committed outside India.
New Delhi: The location of the Special Court which shall have jurisdiction for offences committed outside India.
High Court: The court whose Chief Justice is to be consulted by the Central Government for designating Courts of Session as Special Courts.
The Explosive Substances Act, 1908: An Act listed in the Schedule to the principal Act.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 25th July, 2019/Shravana 3, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
24th July, 2019, and is hereby published for general information:—
THE NATIONAL INVESTIGATION AGENCY (AMENDMENT)
ACT, 2019
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. (1) This Act may be called the National Investigation Agency (Amendment) Short title and
Act, 2019. commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In the National Investigation Agency Act, 2008 (hereinafter referred to as the Amendment
34 of 2008.
principal Act), in section 1, in sub-section (2),— of section 1.
(i) in clause (b), the word “and” occurring at the end, shall be omitted;2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(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.”.
Amendment 3. In section 2 of the principal Act, in sub-section (1), in clause (h), for the words “a
of section 2. Special Court constituted”, the words “a Court of Session designated as Special Court”
shall be substituted.
Amendment 4. In section 3 of the principal Act, in sub-section (2), after the word “India”, the
of section 3. words “and, subject to any international treaty or domestic law of the concerned country,
outside India,” shall be inserted.
Amendment 5. In section 6 of the principal Act, after sub-section (7), the following sub-sections
of section 6. 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.’’.
Amendment 6. In section 11 of the principal Act,—
of section 11.
(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.".SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
7. In section 22 of the principal Act,— Amendment
of section 22.
(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.
8. In the Schedule to the principal Act,-— Amendment
of Schedule.
(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 489-A to 489-E (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).".
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—2083GI(S3)—25-07-2019.