National Investigation Agency (NIA)

Context

The Union Home and Cooperation Minister recently said that the National Investigation Agency (NIA) agency will have offices in all states by 2024.

About National Investigation Agency (NIA)

• Accordingly, the NIA Act was enacted in 2008 and the National Investigation Agency was born.
• The Act gives the NIA powers to-
• Take Suo motu cognisance of terror activities in any part of India and register a case
• Enter any state without permission from the state government
• Investigate and arrest people.
• At present NIA is functioning as the Central Counter-Terrorism Law Enforcement Agency in India.
• Jurisdiction
• The agency is empowered to deal with terror related crimes across states without special permission from the states.
• A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act.
• It is headquartered in Delhi.
• Branches: Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai and Imphal.
• Nodal Ministry – Ministry of Home Affairs

Functions of NIA

• In-depth professional investigation of scheduled offences using the latest scientific methods of investigation and setting up such standards as to ensure that all cases entrusted to the NIA are detected.
• Ensuring effective and speedy trial.
• Assist all States and other investigating agencies in investigation of terrorist cases.
• Build a data base on all terrorist related information and share the data base available with the States and other agencies.

NIA special courts

• Various Special Courts have been notified by the Govt. of India for trial of the cases arising out of offences committed in various states of the Union.
• These are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region.

About NIA (Amendment) Act, 2019

• The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute.
• The agency can now investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908.
• The amendment also enables the Central government to designate sessions courts as special courts for NIA trials.
• The Unlawful Activities (Prevention) Amendment (UAPA), also passed in 2019, allows an NIA officer to conduct raids, and seize properties that are suspected to be linked to terrorist activities.
• The NIA does not have to take permission from the Director General of Police of a state.
• The investigating officer only requires sanction from the Director General of NIA.