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The Supreme Court has expanded the NIA's jurisdiction by allowing it to investigate non-scheduled offences linked to scheduled offences under the NIA Act.
The Court clarified that Section 8 permits the NIA to investigate any offences the accused may have committed, as long as those offences are connected to the Scheduled Offence being investigated. The NIA's investigative authority is expanded by this interpretation.
This decision strengthens the NIA's power to investigate crimes that are connected, even if some of those crimes are outside of its normal jurisdiction. It guarantees that complex criminal networks will be addressed in a more thorough manner.
It is a counter-terrorism law enforcement agency established under the NIA Act of 2008, in response to the 26/11 Mumbai terror attacks, which highlighted the need for a specialised agency to combat terror-related crimes.
It is part of the Ministry of Home Affairs and can investigate terrorism-related cases throughout the country, including funding, attacks, and other associated crimes.
When the Central Government receives a report from a state, it determines whether the case should be investigated by the NIA. The agency may also investigate cases on its own initiative.
In addition to scheduled offences, the NIA can enquire into any related crimes that the accused may have committed.
States are required to assist with investigations, and once completed, cases are presented to the NIA Special Court.
The NIA is responsible for terrorism-related crimes and reports to the Ministry of Home Affairs. The CBI investigates a broader range of crimes, including corruption, economic crimes, and organised crime, and reports to the Ministry of Personnel, Public Grievances, and Pensions.
The NIA has the authority to investigate terrorism cases without state consent, whereas the CBI must obtain state approval unless ordered by the courts.
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PRACTICE QUESTION Q.Consider the following statements in the context of the National Investigation Agency: 1. It is a non-statutory body. 2. It functions under the jurisdiction of the Ministry of Defence. Which of the above statements is/are correct? A) 1 only B) 2 only C) Both 1 and 2 D) Neither 1 nor 2 Answer: D Explanation: Statement 1 is incorrect: The National Investigation Agency (NIA) is India's primary anti-terror organisation in charge of combating terrorism. The National Investigation Agency is a statutory body established under the National Investigation Agency Act of 2008. Statement 2 is incorrect: The National Investigation Agency functions under the jurisdiction of the Union Ministry of Home Affairs. |
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