The National Investigation Agency (NIA) has recently taken over the probe into a gruesome killing in Amravati, Maharashtra, highlighting its role as India’s Central Counter-Terrorism Law Enforcement Agency. This article delves into the agency’s mandate, structure, and recent amendments that have expanded its jurisdiction.
National Investigation Agency (NIA): An Overview
Established under the NIA Act, 2008, the agency is tasked to investigate offenses that threaten India’s sovereignty, security, and integrity. These include friendly relations with foreign states, activities against atomic and nuclear facilities, smuggling of arms or drugs, and fake Indian currency. The agency can also take up cases related to statutory laws enacted to implement international treaties, or resolutions by the United Nations and other global bodies.
The headquarters of the NIA are based in New Delhi. The agency was formed following the 26/11 Mumbai terror attack in 2008, under the tenure of the then United Progressive Alliance government. To date, the NIA has registered 447 cases, and its jurisdiction extends to the whole of India and applies to Indian citizens outside the country.
Scheduled Offences
The schedule to the NIA Act specifies offenses that are to be investigated and prosecuted by the agency. These include cases under the Explosive Substances Act, Atomic Energy Act, Unlawful Activities (Prevention) Act, Anti-Hijacking Act, and many others. It also includes relevant offenses under the Indian Penal Code, Arms Act, and the Information Technology Act.
Procedure for NIA Probe
The NIA can take up investigations referred by state governments or initiated by the central government both within and outside India. For prosecuting the accused under the Unlawful Activities (Prevention) Act, 1967, and other scheduled offences, the NIA seeks sanction from the Central Government. The agency has a dedicated Left Wing Extremism (LWE) cell to counter terror-financing activities by Naxalite groups.
NIA Special Courts
The Central Government constitutes one or more Special Courts for trying Scheduled Offences, as per Section 11 and 22 of the NIA Act 2008. These courts are presided over by a judge appointed by the Central Government upon the recommendation of the Chief Justice of the High Court. They have all powers equivalent to the court of sessions under the Code of Criminal Procedure, 1973.
Recent Amendments in the NIA Act
In 2019, amendments were made to the NIA Act to expedite prosecution of certain offenses, including those committed outside India. These amendments empowered the NIA to investigate offenses committed abroad, subject to international treaties and domestic laws of other countries. The scope of investigation was widened to include human trafficking, counterfeit currency, prohibited arms, cyber-terrorism, and offenses under the Explosive Substances Act, 1908. In addition, Session Courts were allowed to be designated as Special Courts for trying scheduled offences under the Act.
This expansion of powers enhances the NIA’s ability to keep India secure from threats both within and beyond its borders.