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NIA court can try accused for IPC offences too in same trial, says Karnataka HC

BENGALURU: The high court has said that a National Investigation Agency (NIA) court enjoys powers to try an accused for offences under the Indian Penal Code in the same trial if charges arise from the same incident. An NIA court specifically tries cases with terror charges. If an accused is charged with non-terror offences under IPC in the same case, then the court can initiate proceedings against the accused person.



In a recent judgment, the high court said section 14 of the NIA Act, 2008, confers this right on a designated court. The high court made the observation, while rejecting the petition of Sayyed Sohel Torvi , an accused in the August 2020 Bengaluru violence case.

Four persons died during the violence in DJ Halli and KG Halli police station limits in east Bengaluru on the night of August 11, 2020. A mob attacked both police stations and burnt down the house of MLA Akhanda Srinivasamurthy after learning that his nephew Naveen had allegedly posted a controversial comment on Facebook.

Justice M Nagaprasanna of the high court noted that a reading of section 223 of the Code of Criminal Procedure with section 14 of the NIA Act as well as a series of SC judgments show that the petitioner can also be tried by the NIA court.

"It is not in dispute that the petitioner was part of the mob that had indulged in acts which become punishable under IPC and Unlawful Activities Prevention Act (UAPA). Therefore, under section 223 of CrPC, the two offences would become triable by the NIA court. Section 14 of the Act empowers the (special) court to try any other offence with which the accused may be charged under the IPC at the same trial if the offence is connected with such other offence," the judge said.

Earlier, Torvi had filed an application before the special court, seeking transfer of the case to a court to try general IPC offences and that he should not be tried before the NIA court. On September 30, 2021, the special court rejected his application saying it has powers to try the offences booked under IPC and UAPA if they are from the same incident.

Torvi contended before the high court that the case should be transferred to a court having jurisdiction to try IPC offences. P Prasanna Kumar , special public prosecutor for NIA, said if a case from a particular incident leads to offences under two enactments, then one particular court is empowered to try both offences.

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