India has, however, given an assurance to Italy that the two would not be awarded death penalty.
The two marines, who are now lodged at the Italian Embassy here, were on board Italian vessel ‘Enrica Lexie' when they allegedly shot dead two fishermen off Kerala coast on February 15, 2012.
One of the suggestions emerging was that after pressing the charges under SUA, the NIA may tell the trial court not to award the accused death penalty if found guilty, citing India's commitment to Italy.
The NIA completed its probe after questioning four Italian marines, who were witness to the incident, through video conferencing after their refusal to come to India.
Supreme Court had shifted the case to Delhi on grounds that Kerala Police had no jurisdiction over the case which was subsequently handed over to NIA.