Anti-Terrorism Cases : NIA Lawyer in Delhi
Section- 152 of BNS, 2023: Act endangering sovereignty, unity and integrity of India:
Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine.
Explanation:
Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section.
The National Investigation Agency (NIA) is India’s apex counter-terrorism law enforcement agency, established under the NIA Act, 2008. Jurisdiction of agency is prevalent in terrorism-related offences which effect the sovereignty, integrity, and security of India, including crimes under the Unlawful Activities (Prevention) Act (UAPA), Explosive Substance Act, and Arms Act.
Cases under NIA are way complex and sensitive which often includes the charges of terrorism, violation of state sovereignty (which can be included as the charge of sedition), and it do include the international conspiracies. The authorities has wide-ranging powers to investigate across states without prior notice or approval, several powers distinguish them from the local police armed authorities. Special power come with the greater responsibility hence have special courts (Special NIA Courts), and standard of proof and procedural compliance is sensitive.
Our Legal Expertise Includes:
Legal Defence in NIA Investigations: We believe in proper due care of our client rights hence provide early-stage advisory and representation during raids conducted by the NIA authorities, we also deal with the Summons served by the special court of NIA, lastly with the interrogations. Our team ensures the clients rights are protected throughout the investigation and that there is no abuse of the power in the due diligence of process.
Bail under Stringent Laws: Bail in these kinds of cases is more complex and preventive in nature due to its overlap with UAPA and MACOCA provisions. Our specialised team word in drafting and arguing bail applications before Special NIA Courts, Focusing on procedural lapses, lack of prima facie evidence, and the constitutional right to liberty under Article 21 of Indian Constitution.
Trial Representation: Our Advocates have experience in handling high-profile and complex sensitive trials. We Meticulously review evidences such as digital records, interceptions, and call data reports or transcriptions to it, and provides strong courtroom advocacy to defend the accused.
Constitutional Remedies: We are also experienced and specialised in filing writ petitions in Hight Courts or the Supreme Courts in cases of unlawful arrest, prolonged detention, or violation of any fundamental right, especially when preventive detention is imposed.
Mr A. Kumar is well known NIA Lawyer in Delhi India. He has been engaged in many cases including Delhi Riot case, Umar Gautam Case & Maulana Sidhiqui Case (anti-conversion case in lucknow instituted by NIA) etc.
