Supreme Court Judgments On National Investigation Agency Act [2024]

Ankush Vipan Kapoor vs National Investigation Agency 2024 INSC 986

National Investigation Agency Act - Section 8 -Accused who may have committed a non-scheduled offence having a connection with a Scheduled Offence can be investigated by the NIA in respect of a non-scheduled offence- While investigating the accused of a Scheduled Offence, any other accused could also be investigated on the strength of Section 8 provided the following condition precedents are applicable: (i) the NIA is of the opinion that during an investigation, any other accused who is alleged to have committed an offence having a connection with the Scheduled Offence has also to be investigated. In other words, there is a connection between the Scheduled Offence under investigation and any other offence committed by any other accused; (ii) a report by the NIA is submitted incorporating the aforesaid opinion to the Central Government; (iii) the Central Government on consideration of such a report, in exercise of its suo motu powers under sub-section (5) of Section 6 read with Section 8 of the NIA Act directs the investigation to be carried out in respect of any other accused also; and (iv) the said investigation of any other accused must be carried out jointly as far as practicable with the investigation of the accused already under progress owing to the connection between the Scheduled Offence and any other offence. (Para 7) NIA can only widen its investigation to a non-scheduled offence only ‘while investigating any Scheduled Offence’. Importantly, the NIA has not been given unbridled power to initiate investigation of a connected and non- scheduled offence in the absence of an investigation of any Scheduled Offence. (Para 7.17)

Interpretation of Statutes -National Investigation Agency Act - Section 8 - The word “the” used before a noun “accused” in Section 8 of the NIA Act has a particularizing effect, as opposed to “a” or “an”. However, “a” and “the” sometimes have to be interchangeably interpreted having regard to the context in which it is found and in order to give it a contextual connotation so as to advance the object and purpose of the provision. (Para 7.11)

National Investigation Agency Act - Section 6, 8 - the Act, especially Section 6 of the NIA Act, is offence-centric and not accused-centric. The Act revolves around effective investigation of Scheduled Offences. Similarly, the central concern of Section 8 of the NIA Act is defining the scope of offences that can be investigated by the NIA and on what basis and not who are the accused. (Para 7.16)

State Of West Bengal vs Jayeeta Das 2024 INSC 313 – NIA Act – UAPA

National Investigation Agency Act, 2002- Section 22- State of West Bengal has so far not exercised the power conferred upon it by Section 22 of the NIA Act for constituting a Special Court for trial of offences set out in the Schedule to the NIA Act and hence, the Sessions Court within whose jurisdiction, the offence took place which would be the Chief Judge cum City Sessions Court in the case at hand, had the power 14 and jurisdiction to deal with the case by virtue of the sub-section (3) of Section 22 of the NIA Act. (Para 29)