Daily News Analysis

National Investigation Agency

4th October, 2021 Polity

Figure 3: No Copyright Infringement Intended

Context

  • The National Investigation Agency (NIA) carried out multiple searches on the residences of several traders associated with the cross-Line of Control (LoC) trade in Poonch district of the Pir Panjal valley.

Background

  • The National Investigation Agency (NIA) was constituted in 2009 under the provisions of the National Investigation Agency Act, 2008 (NIA Act).
  • It is the central counter-terrorism law enforcement agency in the country.
  • The NIA was established in the backdrop of the infamous 2008 Mumbai terror attacks, popularly known as the 26/11 incident.
  • This national tragedy led to the realisation of the need for a separate federal agency to deal with terror-related crimes in the country.
  • The NIA works under the administrative control of the Ministry of Home A airs, Government of India.
  • The state government extends all assistance and co-operation to the NIA for investigation of the offences specified under the NIA Act.

Jurisdiction of NIA

  • The NIA has concurrent jurisdiction to investigate and prosecute the offences affecting the sovereignty, security and integrity of India, security of state, friendly relations with foreign states and offences under various Acts enacted to implement international treaties, agreements, conventions and resolutions of the UNO, its agencies and other international organisations.
  • The NIA is empowered to probe terror attacks including bomb blasts, hijacking of aircrafts and ships, attacks on nuclear installations and use of weapons of mass destruction.
  • In 2019, the jurisdiction of the NIA was extended .
  • Consequently, the NIA is also empowered to probe the offences relating to human trafficking, counterfeit currency or bank notes, manufacture or sale of prohibited arms, cyber-terrorism and explosive substances.

National Investigation Agency Amendment Act 2019

  • It applied the provisions of the NIA Act also to persons who commit a scheduled o ence beyond India against Indian citizens or affecting the interest of India.
  • It provided that the officers of the NIA shall have the similar powers, duties, privileges and liabilities being exercised by the police officers in connection with the investigation of offences, not only in India but also outside India.
  • It empowered the central government, with respect to a scheduled offence committed outside India, to direct the NIA to register the case and take up investigation as if such offence had taken place in India.
  • It provided that the central government and the state governments may designate Sessions Courts as Special Courts for conducting the trial of offences under the NIA Act.
  • It inserted certain new offences in the Schedule of the NIA Act.