This article first appeared in the print edition on July 16, 2019 under the title ‘Free Rein To Power’. September, 2020 DCA PDF is Ready to Download October 3, 2020. The new Bill makes three broad additions to the NIA Act. Context: The Lok Sabha has passed the National Investigation Agency (Amendment) Bill 2019. Key features of the Bill: The Bill amends the Unlawful Activities (Prevention) Act, 1967. The NIA believes that while prosecuting people from Kashmir for offences committed in that state (it is probing alleged terror funding and organised stone-pelting), it could face challenges of jurisdiction. So far, the NIA can apply these sections to an accused only if the principal offence is part of its Schedule. 16. Three major amendments made to the National Investigation Agency (NIA) Act of 2008. With existing sessions courts allowed to function as special courts, trial can start immediately. The Act makes NIA the only truly federal agency in the country, along the lines of the FBI in the United States, and more powerful than the CBI. An Act to amend the National Investigation Agency Act, 2008. It was introduced by then Home Minister P Chidambaram in the wake of the 26/11 Mumbai terrorist attacks, and was passed with very little opposition. Free . The NIA Act, on the other hand, gives the NIA powers to take suo motu cognisance of terrorist activity in any part of India and to register a case, to enter any state without needing permission from its government, and to investigate and arrest people. Context: The Lok Sabha has passed the National Investigation Agency (Amendment) Bill 2019. The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute. Category: Legal & Constitution Current Affairs. UPSC-MPSC is complete study portal for students. The National Investigation Agency (NIA) acts as the Central Counter-Terrorism Law Enforcement Agency. The NIA Act, 2008, governs the functioning of India’s premier counterterror agency. NIA (Amendment) bill,2019 cleared by both the Houses of Parliament It gives NIA extra-territorial jurisdiction; adds four more scheduled offences to the list of eight offences in the original Act; and gives powers to the government to designate sessions courts as special courts for trial of NIA cases. Mains level : Curbing terror related activities in India The Lok Sabha has passed the Unlawful Activities (Prevention) Amendment Bill 2019, in a move that gives a big push to India’s internal security machinery. It critically analyses the recent amendments done in National investigation Agency Act 2008. NIA does not have such powers,” former NIA special director N R Wasan, who had prepared the proposal for the Bill, said. Type of offences that the NIA can investigate and prosecute is now expanded. The 2019 NIA Amendment Act explained in Hindi. What are the changes in NIA (Amendment) Bill 2019? Parliament has passed Unlawful Activities (Prevention) Amendment Bill, 2019 to empower Central Government to designate an individual as a “terrorist”. The Lok Sabha passed the National Investigation Agency(Amendment) Bill, 2019 after a heated debate in the House. NIA (Amendment) bill,2019 cleared by both the Houses of Parliament The agency can now investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908. Manifest pedagogy. The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute. Attiguppe , Bengaluru - 560040. If a crime is committed in a state, it has to wait for that state government or a court to call it in to investigate. Further, the Act allows for creation of Special Courts for the trial of scheduled offences. Prelims GS Strategy; CSAT Strategy; Previous UPSC Prelims Question Paper; Books/Sources … NIA (Amendment) Act 2019 The NIA (Amendment) Act 2019 was passed by the Parliament and received the presidential assent in July 2019. How does having a PIB card help journalists in their work? This will enable NIA to additionally investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908. “All major countries have this provision for their concerned agencies. The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute. The Bill amends the National Investigation Agency (NIA) Act, 2008. Type of offences that the NIA can investigate and prosecute is now expanded. But these amendments combinedly may lead to the creation of a police state. For mains: Need for amendments, concerns associated and other associations issues. From UPSC perspective, the following things are important : Prelims level : NIA and its mandate. Special courts, new offences Earlier, setting up special courts in any state would take six to nine months since a proposal had to be made, High Courts’ concurrence had to be obtained, a judge had to be nominated, and a court had to be set up. Source: The Hindu. It is a move to foster ‘Zero Tolerance’ policy towards terrorism and other crimes. Under existing Act, the NIA can investigate offences under Atomic Energy Act, 1962 and the Unlawful Activities Prevention Act, 1967. The IPC does have provisions of extra-territorial jurisdiction, but it is limited to Indians committing crime abroad. Key features of the Bill: The Bill amends the Unlawful Activities (Prevention) Act, 1967. BEit enacted by Parliament in the Seventieth Year of the Republic of India as follows:— Under existing Act, the NIA can investigate offences under Atomic Energy Act, 1962 and the Unlawful Activities Prevention Act, 1967. It was after India proved that the offence had taken place in Indian waters that the case could proceed. The offences under the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967 are to be investigated and prosecuted by the NIA. List of Major Amendments of the Indian Constitution for UPSC. Their nationals had been killed in the attack, and they took cognisance of the case. The Unlawful Activities (Prevention) Amendment (UAPA), also passed in 2019, allows an NIA officer to conduct raids, and seize properties that are suspected to be linked to terrorist activities without taking prior permission of the Director General of Police of a state. It added these new offences under the original act: (i) human trafficking, (ii) offences related to counterfeit currency or bank notes, (iii) manufacture or sale of prohibited arms, (iv) cyber-terrorism, and (v) offences under the Explosive Substances Act, 1908. The National Investigation Agency (Amendment) Act, 2019 was passed by Lok Sabha in 2019. Major Amendments in NIA Bill 2019 • First important amendment is that circle of investigation has been extended. The Act provides for a national-level agency to investigate and prosecute offences listed in a schedule (scheduled offences). Therefore, the NIA Amendment Bill, 2019 is neither sound on the principles of Indian federalism nor on the established principles of criminal law. The move comes after amendment to the NIA Bill. Salient features of amendment act: It amends the Arbitration and Conciliation Act, 1996. Under the existing 2008 Act, the NIA can investigate offenses under Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967. Month: Current Affairs - August, 2019. The US was able to prosecute David Coleman Headley in the 26/11 attacks because they had powers to register a case in a terror attack that had happened in a foreign country. The … Important amendments brought in the Indian Constitution are mentioned below: First Amendment Act, 1951. NIA (Amendment) Bill 2019. Sansar डेली … Under RCrPC, it is. For mains: Need for amendments, concerns associated and other associations issues. Now, it can prosecute people in standalone cases under these Acts. National Investigation Agency (Amendment) Bill 2019. The accused argued that the offence had taken place in international waters, and thus NIA had no jurisdiction. Given the Lok Sabha also passed the Unlawful Activities (Prevention) Amendment Bill 2019, which though gives a big push to India’s internal security machinery. national investigation agency. Read them too : लास्ट मिनट टिप्स – UPSC प्रारंभिक परीक्षा के लिए October 3, 2020. This lacuna was a reason why the case against the Italian Marines who had shot dead an Indian fisherman off the coast of Kerala in 2012 hit an initial spot of rough weather. The Act amends the National Investigation Agency (NIA) Act, 2008. The changes are discussed below: The amendments in the UAPA bill,2019 empowering the NIA will expedite the process of investigation and prevent procedural delays. Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Lok Sabha passed the NIA Act Amendment Bill, which gives more powers to the National Investigation Agency and extends its jurisdiction beyond India’s borders. Polity Notes in Hindi. The NIA amendment bill 2019 amends the NIA Act 2008. It was first passed by Lok Sabha on 24 July 2019 and later by Rajya Sabha on 2 August 2019. The state was empowered to make special provisions for the advancement of socially and backward classes : The Ninth Schedule was added. Topics: Bills and Amendments • CLAT • International Convention for Suppression of Acts of Nuclear Terrorism (2005) • National Investigation Agency (NIA) • Parliament • terrorist organisation • Unlawful Activities (Prevention) Amendment Bill 2019 It deserves reconsideration. The Unlawful Activities (Prevention) Amendment Bill, 2019 The 2008 Act provides for a national-level agency to investigate and prosecute offences listed in a schedule (scheduled offences). The NIA (Amendment) Bill 2019 was passed by the parliament on 17 July 2019. This particular news item has to be read with other articles in the Manifest-11 initiative on Terrorism and issues surrounding National Security Act to get a comprehensive worldviews surrounding the issue described below. 16 OF2019 [24th July, 2019.] The National Investigation Agency (Amendment) Act, 2019 was passed by Lok Sabha in 2019. Insights has redefined the way preparation is done in UPSC civil service exam, Nanda Ashirwad Complex, 3rd Floor, ... UPSC CSE prelims 2019 key-medical sciences analysis. Above Village Hyper Market, Chandralyout Main Road, NIA was constituted under the NIA Act, 2008 as aftermath of the Mumbai Terror attack of 2008. Here are the key changes in the NIA (Amendment) Bill, 2019. Lok Sabha passed the NIA Act Amendment Bill, which gives more powers to the National Investigation Agency and extends its jurisdiction beyond India’s borders. NIA (Amendment) Bill 2019. While the outcome of such cases will continue to depend on how much diplomatic leverage India has with that country, the Bill empowers it to begin the process. NIA. This Act can be used by NIA and states as well, thus strengthens the functioning of NIA without diluting the power of states. The Act amends the National Investigation Agency (NIA) Act, 2008. ARBITRATION AND CONCILIATION (AMENDMENT) ACT, UPSC CSE prelims 2019 key-medical sciences analysis, UPSC CSE Prelims Previous Year Solved Papers. This will enable NIA to additionally investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908. 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Motor Vehicle Amendment Bill Archives TOPIC: General Studies 2 Government policies and interventions for development in various sectors and issues arising out of their design and implementation. In news. Type of offences that the NIA can investigate and prosecute is now expanded. THE NATIONAL INVESTIGATION AGENCY (AMENDMENT) ACT, 2019 NO. At present, the National Investigation Agency (NIA) is functioning as the Central Counter-Terrorism Law Enforcement Agency in India established under NIA Act 2008. The Ranbir CrPC varies slightly from the CrPC. Mains level : Impact of the proposed amendments. For example, a person being prosecuted under UAPA could be slapped with Arms Act sections, but the NIA so far could not prosecute him under the Arms Act alone. This Act has made a few major changes to the original NIA Act of 2008. The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute. To curb various aspects of terrorist financing, a Terror Funding and Fake Currency Cell (TFFC) has been created in the NIA. The amendments to the NIA Act has brought the offences related to the smuggling in High-Quality Counterfeit Indian Currency under the definition of a terrorist Act. What are the changes in NIA (Amendment) Bill 2019? Lok Sabha passed the NIA Act Amendment Bill, which gives more powers to the National Investigation Agency and extends its jurisdiction beyond India’s borders. Context: Recently, the Parliament passed the Right to Information (Amendment) Bill, 2019. Key features of the Bill: The Bill amends the NIA Act, 2008 and provides for a national-level agency to investigate and prosecute offences listed in a schedule (scheduled offences). The Act … Please Share with maximum friends to support the Initiative. The offences added to the NIA Act Schedule are human trafficking (Sections 370, 370A of IPC, 1860); manufacture or sale of prohibited arms (Section 25[1AA] of Arms Act, 1959); cyber crimes (Section 66F of IT Act 2000); Explosive Substances Act, 2000. This means the NIA cannot probe murder and rape cases, which come under the Indian Penal Code (IPC). The amendment will enable the NIA to additionally investigate offences related to, human trafficking, Context: Lok Sabha passes the Unlawful Activities (Prevention) Amendment Bill, 2019. This particular news item has to be read with other articles in the Manifest-11 initiative on Terrorism and issues surrounding National Security Act to get a comprehensive worldviews surrounding the issue described below. About NIA. This will enable NIA to additionally investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908. The new bill allows NIA to have power to investigate offences like – human trafficking, offences related to counterfeit currency and bank notes, manufacturing or sale of prohibited arms, cyber terrorism and offences under the Explosive Substances Act … December, 2019 Team Samajho UPSC. The Constitution (One Hundred and Fourth Amendment) Act, 2019 Parliament of India Long title An Act further to amend the Constitution of India. Currently, the NIA has nine branches besides specialized units. Under the existing 2008 Act, the NIA can investigate offenses under Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967. UPSC medical sciences test series ₹12,000.00 ₹10,000.00 Source: The Hindu Manifest pedagogy This particular news item has to be read with other articles in the Manifest-11 initiative After this bill, NIA will be able to investigate offenses related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offenses under the Explosive Substances Act, 1908. Today, Insights is synonymous with UPSC civil services exam preparation. It empowers the NIA to probe terror attacks targeting Indians and Indian interests abroad. Manifest pedagogy. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Context: Lok Sabha passes the Unlawful Activities (Prevention) Amendment Bill, 2019. Not all NIA’s suggestions have been accepted. The image below outlines the timeline of the UAPA Act. Three major amendments made to the National Investigation Agency (NIA) Act of 2008. For prelims and mains: Key features of the Bill, about NIA and the need for enhanced powers. In giving NIA extra-territorial jurisdiction, the Bill allows the agency to register a case when Indians living abroad or India’s assets based in a foreign country come under attack from terrorists. Recent Amendment: The NIA (Amendment) Bill, 2019 was passed by Parliament amending the original Act of 2008. In News: The Bill seeks to amend the Motor Vehicles Act, 1988 to provide … HOME; Prelims. Recently Lok Sabha has passed the National Investigation Agency (Amendment) Bill, 2019 after a heated debate in the House. Every new information, Daily news, contents updated here regularly. Such procedural differences can impact a prosecution case in court. A statement recorded under Section 161 of the CrPC is not signed. The new provision will allow the NIA to register cases if an Indian embassy comes under attack abroad, or if Indian underwater cables of communication in international waters are sabotaged. In news. The NIA Act It was introduced by then Home Minister P Chidambaram in the wake of the 26/11 Mumbai terrorist … The CBI has to seek the permission of a state government before investigating a case against a central government employee in that state. ARBITRATION AND CONCILIATION (AMENDMENT) ACT The Central Government has enforcement various Sections of the Arbitration and Conciliation (Amendment) Act, 2019 by notifying it in Gazette. A key proposal was to include the Ranbir Penal Code, applicable in J&K, as a special provision under the Schedule of the Act. Eventually, amendments were brought in under the successive United Progressive Alliance (UPA) governments in 2004, 2008 and 2013. The 2008 Act provides for a national-level agency to investigate and prosecute offences listed in a schedule (scheduled offences). The Bill aims to give more teeth to the investigating powers of the NIA. 103rd Constitution Amendment Act Part of: GS Prelims and Mains II – Polity – Constitution and recent amendments; Welfare/ Social issue About: It provides for 10% reservation in government jobs and educational institutions for the economically weaker section in the unreserved category. Tags:Bills and Laws. The NIA can, however, only investigate cases which are listed in the Act’s schedule, which largely deal with the security and integrity of the country. Source: The Hindu. The agency can now investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908. In this context, these amendments must be thoroughly reviewed. 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