All about National Investigation Agency Act, 2008 By Mercy Sun

March 21,2019:

The Author, Mercy Sun is a 4^th Year, BALLB student of Govt. Law College, Tiruneveli. She is currently interning with LatestLaws.com.

Objectives:

To constitute an investigation agency at the national level,

To investigate and prosecute offences affecting

• The sovereignty, security and integrity of India,
• Friendly relations with foreign States
• International treaties, agreements, conventions and
• Resolutions of the United Nations, its agencies and other international organizations

1. What is the Main Function of National Investigation Agency (NIA)?

Ans. NIA functions as a Central Counter Terrorism Law Enforcement Agency in India.

2. Can this act extend to persons on ships and aircrafts?

Ans. Yes, it extends to persons on ships and aircrafts registered in India wherever they may be.

3. Whether the State governments have Directory power over agency?

Ans. No, the Central Government may, suo motu, direct the Agency to investigate the offence.

4. Whether the agency has Power to transfer investigation to State Government?

Ans. Yes, with the previous approval of the Central Government, (the agency) transfer the case to the State Government for investigation and trial of the offence.

5. How a special Judge is appointed for special Court?

Ans. Special Judge is appointed by the Central Government on the recommendation of the Chief Justice of the High Court.

6. Eligibility of Public Prosecutor of special Court?

Ans. Public Prosecutor must be a practicing Advocate for not less than seven years.

7. What are the protections given for witness?

Ans. If the Special Court is satisfied that the life of witness is in danger, it will keep the identity and address of witness secret.

8. Is there any limitation period for appeal?

Ans. Every appeal shall be preferred within a period of 30 days from the date of the judgment. No appeal is allowed after 90 days.

9. Can application made to NIA under right to information act?

Ans. Except the allegation of corruption or human right, NIA is exempted under Section 24 read with the Second Schedule of the Right to Information act.

10. Whether NIA has the power to investigate non- scheduled offences?

Ans. The Agency may also investigate any other offence if it is connected with the Scheduled Offence.