Order on Board

This Court has received a reference under Section 436(2) of BNSS, 2023 from the Court of First Additional Sessions Judge, Sakti, Distt. Janjgir-Champa seeking opinion on questions of law arising out of order dated 17.9.2025 passed by the Special Court (NIA), Bilaspur whereby the Special Criminal Case (NIA) No.08/2021 bearing Crime No.265/2018, Police Station – Baradwar, Distt. Janjgir-Champa (CG) for offence u/s 489A, 489C, 489D & 489E of IPC has been returned to the First Additional Sessions Judge, Sakti on the ground that the offence was committed prior to enforcement of the National Investigation Agency (Amendment) Act, 2019.

02. Facts, in brief, are that the accused persons have been charged under Sections 489A , 489C, 489D, and 489E of the Indian Penal Code. The First Information Report was registered on 16.10.2018, and the charge-sheet was filed on 11.01.2019. The then learned First Additional Sessions Judge, Sakti, District Janjgir-Champa commenced the trial in the said case. After framing the charges, evidence of total of six prosecution witnesses was recorded. Thereafter, by order dated 16.02.2021, the then learned First Additional Sessions Judge, Sakti, District Janjgir-Champa, transferred the case to the learned Sessions Judge, Bilaspur, for trial. Thereupon, on 22.03.2021, the then learned Special Court, Bilaspur took cognizance of the case and commenced the trial. After framing the charges, the prosecution evidence of total five witnesses was recorded.

03. Subsequently, by order dated 17.09.2025, the learned Special Judge (NIA), Bilaspur, observed that since the alleged offence had been committed prior to 25th July 2019, i.e., before the coming into force of the National Investigation Agency (Amendment) Act, 2019, the Special Court lacked jurisdiction to try the case. In other words, the learned Special Judge, Bilaspur, treated the said Amendment Act as having prospective operation and, accordingly, remitted/transferred the case back to the First Additional Sessions Judge, Sakti for trial. Hence by this PUD under reference, the First Additional Sessions Judge, Sakti sought opinion of this Court on the following questions of law:

“1. Whether the present case is triable by the learned Special Court (NIA), Bilaspur?

2. If the answer is in the affirmative, it is prayed that the case be transferred to the said Special Court for trial.

3. If the present case is triable by First Additional Sessions Judge, Sakti, whether it is necessary to conduct the trial afresh (de novo), or whether the proceedings/trial already conducted by the learned Special Court (NIA), Bilaspur be continued?”

04. From a perusal of the Schedule to the NIA Act, 2008, it is manifest that Sections 489-A to 489-E IPC were included as Scheduled Offences even prior to the Amendment Act of 2019. The Amendment Act of 2019 merely added certain additional offences and rearranged the serial numbering of the Schedule. Therefore, the offences involved in the present case were always Scheduled Offences under the NIA Act.

05. Section 22(1) of the NIA Act empowers the State Government to designate a Court of Session as a Special Court for trial of Scheduled Offences investigated by the State Agency. In exercise of such power, the State Government had already notified the Sessions Judge, Bilaspur as the Special Court for the rest of the districts including Janjgir-Champa. Further, Section 22(4) of the NIA Act mandates that upon designation of a Special Court, all pending trials relating to Scheduled Offences shall stand transferred to such Special Court.

06. From perusal of the Schedule prescribed under the NIA Act, it appears that Sections 489-A to 489-E of the IPC were already included as Scheduled Offence even