Act Number: 34

Act Name: The National Investigation Agency Act, 2008

Year: 2008

Enactment Date: 2008-12-31

Long Title: An Act to constitute an investigation agency at the national level to investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States and offences under Acts enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations and for matters connected therewith or incidental thereto.

Ministry: Ministry of Home Affairs

Department: Department of Internal Security

Section 17: Protection of witnesses.
    (1) Notwithstanding anything contained in the Code, the proceedings under this Act may, for reasons to be recorded in writing, be held in camera if the Special Court so desires.
     (2) On an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, if the Special Court is satisfied that the life of such witness is in danger, it may, for reasons to be recorded in writing, take such measures as it deems fit for keeping the identity and address of such witness secret.
     (3) In particular, and without prejudice to the generality of the provisions of sub-section (2), the measures which a Special Court may take under that sub-section may include—
         (a) the holding of the proceedings at a place to be decided by the Special Court;
         (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public;
         (c) the issuing of any directions for securing that the identity and address of the witnesses are not disclosed; and
         (d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a Court shall not be published in any manner.
     (4) Any person who contravenes any decision or direction issued under sub-section (3) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to one thousand rupees.
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