National Investigation Agency Act, 2008
No: 34 Dated: Dec, 31 2008
National Investigation Agency Act, 2008
Act No. 34 of 2008
An Act 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 and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows
CHAPTER I
Preliminary
1. Short title, extent and application. - (1) This Act may be called the National Investigation Agency Act, 2008 .
(2) It extends to the whole of India and it applies also
(a) to citizens of India outside India;
(b) to persons in the service of the Government wherever they may be; [***]
(c) to persons on ships and air crafts registered in India wherever they may be and
[(d) to persons who commit a Scheduled Offence beyond India against the Indian citizens or affecting the interest of India.]
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(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.
(2) Any reference in this Act to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that area.
CHAPTER II
NATIONAL INVESTIGATION AGENCY
3. Constitution of National Investigation Agency.—(1) Notwithstanding anything in the Police Act, 1861 (5 of 1861), the Central Government may constitute a special agency to be called the National Investigation Agency for investigation and prosecution of offences under the Acts specified in the Schedule.
(2) Subject to any orders which the Central Government may make in this behalf, officers of the Agency shall have throughout India 1 [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, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of offences committed therein.
(3) Any officer of the Agency of, or above, the rank of Sub-Inspector may, subject to any orders which the Central Government may make in this behalf, exercise throughout India, any of the powers of the officer-in-charge of a police station in the area in which he is present for the time being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed to be an officer-incharge of a police station discharging the functions of such an officer within the limits of his station.
4. Superintendence of National Investigation Agency.—(1) The superintendence of the Agency shall vest in the Central Government.
(2) The administration of the Agency shall vest in an officer designated as the Director-General appointed in this behalf by the Central Government who shall exercise in respect of the Agency such of the powers exercisable by a Director-General of Police in respect of the police force in a State, as the Central Government may specify in this behalf.