The Supreme Court on Tuesday (December 16, 2025) suggested the National Investigation Agency (NIA) takeover of cases prosecuted under central penal laws involving “organised, professional and hardcore” criminals.
A Bench of Chief Justices of India Surya Kant and Joymalya Bagchi said these cases could be transferred to special courts exclusively trying NIA cases in Delhi.
Justice Bagchi said the NIA had power under Section 6 of the NIA Act, 2008 to take over from the States the investigation and prosecution of offences “affecting the sovereignty, security and integrity of India, security of state”.
The top court said such cases scattered across States in various trial courts could be brought under one roof.
Chief Justice Kant said an offence committed in one State may have repercussions in another, and a territorial jurisdiction problem may arise.
“This itself becomes an issue delaying the criminal trial. The benefit goes to the hardcore criminal, which is not in the interest of the society and the nation,” the CJI remarked.
The Supreme Court said the Centre could consider the formulating laws in such a way that optimum use of the existing legal architecture. “There are multiple FIRs in different States, NIA can take over them,” the CJI said.
The SC said bringing hardcore cases like these under one system, investigated by a single agency and tried by a special court, would avoid contradicting judgments and help in protecting material evidence.
The debate stems from a question of grant of bail in NIA cases in which prosecution is delayed due to overburdened trial courts.
The Supreme Court has been considering the setting up of a sufficient number of “special and exclusive” NIA courts.
In November, a court hearing had seen lawyers discuss how special courts constituted to try offences under a particular special statute eventually have their dockets clogged by other cases, defeating the very purpose for which they were formed.
The apex court has repeatedly referred to the sheer burden of trial judges who have to multitask and hear ordinary criminal cases while sparing the time to try terror and heinous offences. Delays in trial leave undertrials languishing in prisons.
During a hearing in September, the Supreme Court had highlighted that stagnant or non-starter trials were mainly caused by existing courts being given the additional responsibility to double up as NIA and Special Courts.
“Designation of an existing court or entrustment of exclusive trials under the NIA Act to such designated courts would incontrovertibly be at the cost of other court cases including hundreds of under-trials who are languishing in jail, senior citizens, marginalised persons,” Justice Kant had asked the Centre in July.