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Salient features of the proposed National Investigation Agency

December 16, 2008 20:58 IST
Last Updated: December 16, 2008 22:16 IST


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� The Bill for constitution of the NIA to be applicable to whole of India, citizens of India outside India and persons on shops and aircraft registered in India.
     
� Officers of the NIA to have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence.
   
� The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre.
� If the Centre feels the offence is terror related, it shall direct the NIA for investigation.
    
�  Provision for transfer of investigation and trial of offences to state government with Centre's prior approval.
     
�  NIA may investigate other offences connected with terror-related offences.
    
�  A state government shall extend all assistance to NIA for investigation of terror-related offences.
     
�  Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and   prosecute any terror crime or other offences.
    
�  Centre shall constitute Special Courts for trial of terror-related offences.
     
�  Special Courts may sit at any place for any of its proceedings.
    
�  For speedy and fair trial, the Supreme Court may transfer any case pending with the Special Court to another Special Court in the same state or any other state, and the High Court may transfer such cases to any other Special Court within the state.

�  Offences punishable with imprisonment for less than three years may be tried summarily.

� Special Court to have all powers of the Court of Sessions under CrPC for trial of any offence under the Act.

� Proceedings to be held 'in camera' if Special Court deems it necessary.

� Trial to be held on day-to-day basis on all working days and to have precedence over the trial of other offences.

� State governments empowered to constitute one or more Special Courts.

� No appeal shall be entertained after the expiry of 90 days. Highlights of Unlawful Activities (Prevention) Amendment Bill, 2008.

� Use of bombs, dynamite, poisons or noxious gases, biological radioactive nuclear substances are terror act.

� Aiding, abetting or committing a terrorist act shall be punishable with imprisonment up to ten years.

� Funding terror activities, organising training camps and recruiting persons for committing terror acts shall be punishable with at least five years' imprisonment.

� Detention of accused upto 180 days if investigation not completed.

� No bail shall be granted if accused is not an Indian citizen and has entered the country unauthorisedly.

� No accused, if in custody, to be released on bail or on his own bond.

� Court shall presume, unelss contrary is shown, that accused has committed offence.




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