Before diving into the main subject, it’s important to understand a few key terms, which are: Human Trafficking, Counterfeit currency or banknotes, Cyber-terrorism, NIA, Scheduled Offence, Terrorism, LWE, Insurgency, Radicalization, and NIA Act 2008.
National Investigation Agency (NIA): A Brief Overview
The National Investigation Agency (NIA) is a federal agency of the Indian government tasked with investigating and prosecuting crimes related to national security, including terrorism and insurgency. The agency has jurisdiction over matters concerning the entire nation rather individual states. The NIA was established in 2009 post the Mumbai terrorist attacks the previous year under the National Investigation Agency (NIA) Act, 2008 and operates under the Ministry of Home Affairs.
The NIA has the power to take over investigations of terrorism-related cases from state police forces and other agencies. Furthermore, they have the authority to probe cases across state boundaries without obtaining prior approval from state governments.
The Functioning of NIA
As part of its functions, the NIA collects, analyzes, and disseminates intelligence related to national security matters. Additionally, they coordinate with other law enforcement agencies within India and internationally on matters related to terrorism and national security. The NIA also runs capacity-building programs for other law enforcement agencies and stakeholders involved in maintaining national security.
Investigation Process Adopted by NIA
The NIA can initiate an investigation in two ways – either through reference by the State government or by direct instruction of the Central government. In certain cases, the NIA seeks the sanction of the Central government for prosecuting the accused under the UAPA and some other scheduled offences. The NIA has a special cell to handle cases connected to LWE (Left Wing Extremism) related to terror financing. After completion of the investigation, the cases are presented before the NIA Special Court.
National Investigation Agency (Amendment) Act 2019: Key Changes
The NIA (Amendment) Act 2019 brought about two significant changes. Firstly, it extended NIA’s jurisdiction beyond India’s borders enabling it to investigate crimes committed outside India, provided it adheres to international treaties and the laws of the countries involved. Secondly, the Amendment widened the scope of the law letting the NIA investigate offences related to Human Trafficking, Counterfeit currency or banknotes, Prohibited arms, Cyber-terrorism, and Crimes under the Explosive Substances Act, 1908.
Introduction of Special Courts
With the 2008 Act, Special courts were created to try cases under the Act. The amendment in 2019 allows the central government to designate Sessions Courts as Special Courts to try Scheduled Offences under the Act. If multiple Special Courts exist in an area, the most senior judge will assign cases. State governments also have the authority to designate Sessions Courts as Special Courts.
Making Sense of Scheduled Offences
Scheduled offences refer to a list of offences that the NIA is required to investigate and prosecute. The list includes a variety of Acts like the Atomic Energy Act, Unlawful Activities (Prevention) Act, Anti-Hijacking Act, among others, and also incorporates relevant offences under the Indian Penal Code, Arms Act, and the Information Technology Act.
Cases in Focus
Recently, the NIA registered a FIR against two men arrested for allegedly radicalising youth. They were charged under various sections of the Indian Penal Code and the Unlawful Activities Prevention Act (UAPA), 1967. Radicalization involves an individual or group adopting extremist beliefs that reject mainstream society’s values, norms, and laws, often influenced by exposure to propaganda, persuasive rhetoric, and individuals or groups promoting these views.
