NATIONAL INVESTIGATION AGENCY

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• The National Investigation Agency (NIA) has taken over the investigation of THE killing of a person in Rajasthan's Udaipur over a social media post.

 National Investigation Agency

• The National Investigation Agency (NIA) Act of 2008 established the National Investigation Agency (NIA).
• It is a central agency charged with investigating and prosecuting crimes:
  • Harming India's sovereignty, security, and integrity, as well as state security and amicable ties with other countries.
  • Oppose nuclear and atomic power plants.
  • High-Quality Counterfeit Indian Currency Smuggling.
• Its goal is also to fight terrorism in India.
• The Central Counter-Terrorism Law Enforcement Agency is in charge of it.

Concern

• Legal Requirements:
  • In the Indian judicial system, no provision allows a domain expert to be a formal member of the evidence-gathering team.
  • In the absence of such a provision, the prosecution risks being charged with evidence tampering if any agency uses a domain expert, as the Criminal Procedure Code only allows the police to gather evidence.
• Inducement of experts:
  • Domain expertise was also required for efficient use of the instruments used to investigate such crimes.
  • Investigative agencies had often made suggestions for inducting specialists and providing necessary staff training during the UPA era.
• Cross-border investigation:
  • Problems involving many countries demand more skilled and effective teams.
  • Such team formations necessitate a change in the legislation as well as the government's willingness to make the change.
• Police – the state subject:
  • The preservation of public order and police forces are listed as matters of state in Schedule VII of the Constitution.
  • Criminal law, on the other hand, is on the concurrent list, while national security is on the union list.

Way Forward

• Given that cross-border investigations are frequently required in cybercrime cases, a mechanism of cooperative investigations involving investigators from India and the nations involved should be implemented.
• The need for team inquiry should be emphasised.
• It is widely used in many nations. Crimes like the ransomware assault on a pipeline network in the United States, for example, were probed by teams of police officers and professionals in the disciplines.

https://www.thehindu.com/news/national/explained-the-functioning-of-the-national-investigation-agency/article65596033.ece#:~:text=The%20NIA%20is%20a%20central,enacted%20to%20implement%20international%20treaties.

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