National Investigative Agency (Amendment) Bill, 2019 Explained

 For Video explanation in Hindi watch here

The National Investigation  Agency (Amendment) Bill, 2019 was passed by Lok Sabha today, after a detailed discussion and a spirited defense by Union Minister for Home Affairs, Shri Amit Shah.

While replying to the debate on the Bill to give powers to NIA to investigate the terror crimes relating to Indians and Indian interests abroad, today in Lok Sabha, the Home Minister backed a strong NIA to strengthen the legal framework against terrorism. He said that conviction has been achieved in 90% of the cases decided so far, which is one of the finest records in the world. Shri Shah hailed the NIA for its achievements and said that India would finish terrorism by building a strong NIA.

Allaying opposition's apprehensions on misuse of agencies the Home Minister quoted the Prime Minister, Shri Narendra Modi and said that this Government is governed by Rule of Law and all investigative agencies follow the procedure established by law. He reassured the House that the agency would not be misused in any way by the Government.

Shri Shah said that the POTA should not have been removed in the first place, as it led to a rise in acts of terror. This has been corroborated by Indian security agencies as well, he added. Home Minister also questioned why the perpetrators of the Samjhauta Express blast were allowed to walk free even when American agencies found their involvement in the act of terror.

Reiterating the 'Zero Tolerance' policy of the Government against terrorism, Shri Shah said "Terrorism is Terrorism, it's neither RIGHT nor LEFT. Perpetrators of terrorist acts need to be punished and will get punished." All political parties, members of Parliament and the Government must come together to fight terror without pointing fingers at each other, otherwise, it would boost the morale of the terrorists.

Shri Shah said, "We care for the widows of our martyred soldiers, we care for their sacrifices. Thus, it is important to strengthen NIA to investigate terror-related crimes and bring justice to these widows."

The Home Minister said that by designating special courts, the cases would be expedited and transfers or delays in appointments of judges would not delay them.

While taking part in the debate on the bill, the Minister of State for Home Affairs, Shri. G. Kishan Reddy reinforced Government's federal outlook and said that state police teams and other agencies would work in coordination with NIA in terror-related matters. There would be no encroachment by the Centre on the activities of the State machinery, he added.

Shri Reddy said that the multi-agency center would be strengthened and sharing of information between Centre and states on terrorism-related matters would be smoothened. There would be no discrimination among the agencies.

The Minister further added that terrorism has no religion, no caste, no gender. It is against humanity. The Government will take all stakeholders along with itself in fighting terrorism, following a 'Zero Tolerance Policy'.

What are the changes in NIA (Amendment) Bill 2019?

There are three major amendments to the National Investigation Agency (NIA) Act of 2008.

• The first change is the type of offenses that the NIA can investigate and prosecute. Under the existing Act, the NIA can investigate offenses under Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967

• The latest amendments will enable the NIA to additionally investigate offenses related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offenses under the Explosive Substances Act, 1908.

• The second change pertains to NIA’s jurisdiction. Under the Act, for the offenses under its purview, NIA officers have the same power as other police officers and these extend across the country.

• The Bill amends this to give NIA officers the power to investigate offenses committed outside India. Of course, NIA’s jurisdiction will be subject to international treaties and domestic laws of other countries.

• The third change relates to the special trial courts for the offenses that come under NIA’s purview or the so-called “scheduled offenses”. The existing Act allows the Centre to constitute special courts for NIA’s trials. But the Bill enables the Central government to designate sessions courts as special courts for such trials.