Sections Chapter I: Preliminary

1 Short title, extent and application.

1) the National Investigation Agency Act, 2008.
2) Extent: whole of India
Application:
(a) citizens of India outside India
(b) persons in the service of the Government wherever they may be
(c) persons on ships and aircrafts registered in India wherever they may
be
(d) to persons who commit a Scheduled Offence beyond India against
the Indian citizens or affecting the interest of India.
2 Definitions
(a) “Agency” means the National Investigation Agency constituted under
section 3;
(b) “Code” means the Code of Criminal Procedure 1973 (2 of 1974);
(c) “High Court” means the High Court within whose jurisdiction the Special
Court is situated;
(d) “prescribed” means prescribed by rules;
(e) “Public Prosecutor” means a Public Prosecutor or an Additional Public
Prosecutor or a Special Public Prosecutor appointed under section 15;
(f) “Schedule” means the Schedule to this Act;
(g) “Scheduled Offence” means an offence specified in the Schedule;
(h) “Special Court” means [a Court of Session designated as Special Court]
under section 11 or, as the case may be, under section 22;
(i) words and expressions used but not defined in this Act and defined in the
Code shall have the meanings respectively assigned to them in the Code
Chapter II: National Investigation Agency
3 Constitution of National Investigation Agency
(1)
➢ Constitution of National Investigation Agency
➢ By Central Government
➢ For investigation and prosecution of offences
(2)
➢ Officers of the Agency shall have all the powers, duties, privileges and
liabilities which police officers have in connection with the investigation of
offences committed therein:
✓ throughout India
✓ and, subject to any international treaty or domestic law of the
concerned country, outside India
✓ in relation to the investigation of Scheduled Offences
✓ and arrest of persons concerned in such offences

3)
➢ Any officer of the Agency = the officer-in-charge of a police station in the
area
➢ (officer= the rank of Sub-Inspector or above)
4 Superintendence of National Investigation Agency
(1)
➢ The superintendence of the Agency = Central Government
(2)
➢ The administration of the Agency = an officer designated as the Director-
General
 ➢ Appointment of Director General =the Central Government
➢

5 Manner of constitution of Agency and conditions of service of members.

➢ the Agency shall be constituted in such manner as may be prescribed
➢ and the conditions of service of persons employed in the Agency shall be such
as may be prescribed.
➢ Read with section 25
CHAPTER III: INVESTIGATION BY THE NATIONAL INVESTIGATION AGENCY
6 Investigation of Scheduled Offences.
(1)
➢ FIR u/s 154 CrPC after registration to be sent to State Government
➢ Sent by Officer-in-charge of police station

(2)
➢ State Government to forward to the Central Government

(3)
➢ the Central Government to determine:
✓ whether the offence is Scheduled Offence or not
✓ whether the offence is be investigated by the Agency (gravity of the
offence and other relevant factors)
➢ Within 15 Days

(4)
➢ Central Government to direct the Agency to investigate the said offence

(5)
➢ the Central Government suo motu, direct the Agency to investigate the said
offence.
(6)
➢ the State Government/ police officer of the State Government not to proceed
in investigating the offence
➢ transmit the relevant documents and records to the Agency.

(7)
➢ till the Agency takes up the investigation of the case, officer-in-charge of the
police station to continue the investigation.

(8)
➢ Scheduled Offence committed outside India = Central Government 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.
7 Power to transfer investigation to State Government.
➢ the Agency:
a) to request the State Government to associate itself with the
investigation; or
b) to transfer the case to the State Government for investigation and trial
of the offence. (previous approval of the Central Government)
8 Power to investigate connected offences.
➢ Investigation of other connected offences with Scheduled Offence by Agency
9 State Government to extend assistance to National Investigation Agency
10 Power of State Government to investigate Scheduled Offences (r/w section 6(6) &
6(7)
Save as otherwise provided in this Act, nothing contained in this Act shall affect the
powers of the State Government to investigate and prosecute any Scheduled Offence
or other offences under any law for the time being in force.
CHAPTER IV: SPECIAL COURTS
11 Power of Central Government to designate Court of Session as Special Courts.
1)
➢ Designation of one or more Courts of Session as Special Court
➢ By Central Government (consultation with Chief Justice of the High Court)

[Explanation. — “High Court” = High Court of the State in which a Court of Session
to be designated as Special Court is functioning.

(2)
➢ Decision of Central Government is final as to the jurisdiction of any Special
Court
Sub-section (3), (4), (5), (6) and (7) of Section 11 omitted by Act 16 of 2019, (w.e.f. 2-8-2019).

(8)
➢ the attainment of the age of superannuation by the Sessions Judge of
the Court of Session shall not affect his continuance as judge of the Special Court and
the appointing authority in consultation with the Central Government may his
continuation as judge until a specified date or until completion of the trial of the case
or cases before him [whichever is earlier].

(9)
➢ When more than one Special Court is designated for an area or areas, the
senior-most Judge shall distribute the business among them.
12. Place of sitting
➢ A Special Court = may also sit at any place other than its ordinary place of
sitting.
13. Jurisdiction of Special Courts.
(1)
➢ Scheduled Offence tried by Special Court within whose local jurisdiction it
was committed.
(2)
➢ Transfer of cases to one Special Court to any other Special Court if:
• Transfer by Supreme Court to any other Special Court within that
State or in any other State
• Transfer by High Court to any other Special Court within that State
• fair, impartial or speedy trial not possible
• trial not feasible 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
• it is not otherwise in the interests of justice
(3)
➢ The Supreme Court or the High Court to act under this section:
• application of the Central Government
• a party interested
➢ such application supported affidavit or affirmation except when the applicant
is the Attorney-General for India
14 Powers of Special Courts with respect to other offences

1)
➢ Trying Scheduled Offence = also try other connected offences
(2)
➢ Power of Conviction and sentencing as to other connected offence
15 Public Prosecutors.
(1)
➢ Public Prosecutor, Additional Public Prosecutor & Special Public Prosecutor
for any case or class or group of cases
➢ Appointment: by the Central Government

(2)
➢ Qualification: practicing Advocate for not less than seven years or posted
under Union or a State at a post requiring special knowledge of law.

(3)
➢ PP, APP & SPP= Public Prosecutor under clause (u) of section 2 of the
CrPC
16 Procedure and powers of Special Courts.
16(1)
➢ Cognizance of offence without committal on:
• Complaint
• Police Report

16(2)
➢ Summary Trial: Offence punishable with not exceeding three years or with
fine or with both
➢ provisions of sections 263 to 265 to apply to such trial

Proviso (one)
➢ if summary trial not desirable: recall of witnesses & re-hear the case
Proviso (two)
➢ Sentencing: not exceeding one year & fine which may extend to five lakh
rupees.
16(3)
➢ Special Court to have the powers of a Court of Session
➢ Trial as Court of Session
16(4)
➢ Case transferred to a Special Court under sub-section (2) of section 13 = dealt
as if transferred under section 406 of CrPC to such Special Court.
16(5)
➢ trial & recording of the evidence in the absence of the accused or his pleader
➢ reasons to be recorded
➢ subject to the right of the accused to recall the witness for cross-examination.
➢ subject to the provisions of section 299 CrPC
17 Protection of witnesses.
17(1)
➢ Proceedings be held in camera if the Special Court so desires
➢ reasons to be recorded in writing
17(2)
➢ Identity & address of witness to be kept secret
➢ On an application by a witness
 ➢ by the Public Prosecutor
➢ on its own motion
➢ if life of such witness is in danger
➢ reasons to be recorded in writing
17(3)
➢ measures for keeping identity & address of witness may include:
a) proceedings at a place to be decided by the Special Court
b) the avoiding of the mention of the names and addresses of the
witnesses in records of the case accessible to public
c) directions for securing the identity and address not disclosed
d) No publication of proceedings in any manner
17(4)
➢ Contravention of decision/direction sub-section (3) is punishable with three
years and with fine one thousand rupees.
18. Sanction for prosecution.
➢ Sanction of Central Government for prosecution, suit or other legal
proceedings against any member of the Agency
➢ in respect of anything done or purported to be done in exercise of the powers
conferred by this Act.
19 Trial by Special Court to have precedence.
➢ Trial on day-to- day basis on all working days
➢ have precedence over the trial of any other case against the accused in any
other court
➢ preference to be given to trial under this Act over trial of such other case
➢ the trial of such other remain in abeyance
20. Power to transfer cases to regular courts
➢ Transfer of case to other court having jurisdiction under CrPC
➢ If the Special Court is of the opinion that the offence is not triable by it
➢ after taking cognizance of any offence
➢ the Court to which the case is transferred may proceed with the trial of the
offence as if it had taken cognizance of the offence.

21 Appeals.
(1)
➢ Appeal to High Court
➢ Both on facts and on law
➢ No appeal against an interlocutory order

(2)
➢ Appeal to be heard by a bench of two Judges of the High Court
➢ To be disposed of within three months from the date of admission of the
appeal.

(3)
➢ no appeal or revision except as aforesaid
(4)
➢ Appeal against order granting or refusing bail to the High Court
➢ Notwithstanding anything contained in sub-section (3) of section 378 CrPC

(5)
➢ Appeal within thirty days from date of the judgment, sentence or order

Proviso (one):
➢ Appeal to be entertained after the expiry of thirty days on sufficient cause
 Proviso (two)
➢ no appeal after the expiry of ninety days.
22 Power of State Government to designate Court of Session as Special Courts.
(1)
➢ The State Government to designate Courts of Session as Special Courts
➢ for the trial of offences under any or all the enactments specified in the
Schedule.
(2)
➢ The provisions of this Chapter shall apply to the Special Courts designated by
the State Government under sub-section (1)
➢ shall have effect subject to the following modifications
(i) references to “Central Government” in sections 11 and 15 shall be
construed as references to State Government;
(ii) reference to “Agency” in sub-section (1) of section 13 shall be construed
as a reference to the “investigation agency of the State Government”;
(iii) reference to “Attorney-General for India” in sub-section (3) of section 13
shall be construed as reference to “Advocate-General of the State”.

(3)
➢
The jurisdiction conferred by this Act on a Special Court shall, until a Special Court is
3[designated] by the State Government under sub-section (1) in the case of any offence
punishable under
this Act, notwithstanding anything contained in the Code, be exercised by the Court of
Session of the
division in which such offence has been committed and it shall have all the powers
and follow the
procedure provided under this Chapter.
(4) On and from the date when the Special Court is 3[designated] by the State
Government the trial of
any offence investigated by the State Government under the provisions of this Act,
which would have
been required to be held before the Special Court, shall stand transferred to that Court
on the date on
which it is 3[designated].
CHAPTER V: MISCELLANEOUS
23 Power of High Courts to make rules
24 Power to remove difficulties.
24(1)
➢ Difficulties to be removed by the Central Government
➢ No order to remove difficulties after the expiration of two years from the
commencement of this Act.

24(2)
➢ Every order passed by the Central Government to be laid before each House
of Parliament.
25. 25. Power to make rules.
(1)
➢ By the Central Government
(2)
➢ Rules to provide for:
a) the manner of constitution of the Agency and the conditions of service
of persons employed in the Agency under section 5;
 b) any other matter which is required to be, or may be, prescribed
26. Laying of rules.
➢ Every rule made by the Central Government to be laid before each House of
Parliament
➢ while it is in session
➢ for a total period of thirty days
➢ which may be comprised in one session or in two or more successive sessions
➢ if both Houses agrees in making any modification in the rule
➢ both Houses agree that the rule should not be made
➢ the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be
➢ however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.
➢ before the expiry of the session immediately following the session or the
successive sessions aforesaid.

➢ NIA Act 2008 contains:

✓ 5 chapters
✓ 26 Sections
✓ Date of passing in Loksabha:
✓ Date of passing in Rajyasabha:
✓ Date of Assent of President: