UPSC Daily Current Affairs/National Investigation Agency (NIA)

Why in News? The National Investigation Agency (NIA) submitted two sealed reports to the Manipur High Court regarding the investigation into the abduction and killing of six Meitei women and children in Jiribam, Manipur, in November 2024, due to ongoing public and judicial scrutiny

Relevance : Pre & Mains

Prelims :  NIA

Mains  : GS 3 Internal Security

Establishment and Background:

• The National Investigation Agency (NIA) was set up after the 26/11 Mumbai terror attacks in 2008. It was established through the National Investigation Agency Act, 2008. The agency formally came into existence on 31st December 2008 and began functioning in 2009.

Objective and Functions:

• The NIA is the central counter-terrorism law enforcement agency in India. It is mandated to investigate offences that affect the sovereignty, integrity, and security of India. These include:

• Threats to nuclear and atomic facilities
• Terror financing and infiltration
• Smuggling of arms, narcotics, and counterfeit currency
• Crimes under international treaties and UN conventions

Organisational Features:

• Headquartered in New Delhi, the NIA can investigate terror-related offences across states without seeking special permission from state governments, based on orders from the Ministry of Home Affairs.

Jurisdiction:

The NIA’s jurisdiction extends to:

• The entire territory of India
• Indian citizens outside the country
• Government officials serving abroad
• Individuals on Indian-registered ships and aircraft
• Foreign nationals committing offences against Indian citizens or interests

Scheduled Offences under the NIA Act:

The Schedule of the Act lists specific laws under which NIA can take up investigations. These include:

• Unlawful Activities (Prevention) Act (UAPA)
• Explosive Substances Act, 1908
• Atomic Energy Act, 1962
• Anti-Hijacking Act
• SAARC Convention (Suppression of Terrorism) Act
• Suppression of Unlawful Acts Against Maritime Navigation
• Weapons of Mass Destruction Prohibition Act
• Indian Penal Code (IPC), Arms Act, and Information Technology Act
• Narcotic Drugs and Psychotropic Substances (NDPS) Act

Process of Taking up a Case:

Through State Governments:

• Under Section 6 of the NIA Act, states may refer any case involving scheduled offences to the Central Government. Upon examination, the Centre can direct the NIA to take over the investigation.

Suo Motu by the Centre:

• The Central Government can independently order an NIA probe if a scheduled offence is suspected. The Centre can also authorise NIA to investigate offences committed outside India if they affect national interest.

Prosecution and Sanction Requirements:

• For prosecuting under UAPA and certain other laws, the NIA requires sanction from the Central Government. This sanction is based on recommendations from an authority constituted under Section 45(2) of the UAPA.

 Special Provisions and Powers:

• An exclusive Left Wing Extremism (LWE) Cell within NIA handles terror financing cases linked to Naxal groups. If any non-scheduled offence is linked to the main scheduled offence under investigation, NIA can investigate that as well. All cases after investigation are tried in NIA Special Courts.

NIA Special Courts:

• Special Courts are constituted by the Central Government under Sections 11 and 22 of the NIA Act, 2008. The judge is appointed by the Centre in consultation with the Chief Justice of the respective High Court. These courts have powers equivalent to Sessions Courts under the Criminal Procedure Code, 1973.
• In special cases, the Supreme Court can transfer a case to another Special Court within or outside the state. Similarly, the High Court can transfer a case to any other Special Court within the state.

2019 Amendments to the NIA Act:

• The Act was amended to strengthen the NIA’s powers and improve the pace and scope of investigations.

Extra-territorial Jurisdiction:

• NIA can now investigate offences committed outside India if they affect Indian citizens or interests.

Expansion of Scheduled Offences:
New offences were added under NIA’s ambit, including:

• Human trafficking
• Counterfeit currency
• Manufacturing or selling prohibited arms
• Cyber-terrorism
• Explosives-related crimes