National Investigation Agency | 04 Jul 2022

Why in News?

Recently, the Union Home Ministry handed over the probe into the barbaric killing of a pharmacist at Amravati in Maharashtra to the National Investigation Agency (NIA).

What is the National Investigation Agency (NIA)?

• About:
  • The NIA is the Central Counter-Terrorism Law Enforcement Agency of India mandated to investigate all the offences affecting the sovereignty, security and integrity of India. It includes:
    • Friendly relations with foreign states.
    • Against atomic and nuclear facilities.
    • Smuggling of arms, drugs and fake Indian currency and infiltration from across the borders.
    • The offences under the statutory laws enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations.
  • It was constituted under the National Investigation Agency (NIA) Act, 2008.
  • The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs.
  • Headquarters: New Delhi
• Origin:
  • In the wake of the 26/11 Mumbai terror attack in November 2008, which shocked the entire world, the then United Progressive Alliance government decided to establish the NIA.
    • In December 2008, former Union Home Minister P. Chidambaram introduced the National Investigation Agency Bill.
  • The agency came into existence on 31^st December 2008, and started its functioning in 2009. Till date, the NIA has registered 447 cases.
• Jurisdiction:
  • The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country.
  • Persons in the service of the government wherever they are posted.
  • Persons on ships and aircraft registered in India wherever they may be.
  • Persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.

How does the NIA take up a probe?

• Referral:
  • State government:
    • As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
      • After assessing the details made available, the Centre can then direct the agency to take over the case.
    • State governments are required to extend all assistance to the NIA.
  • Central government:
    • In India: When the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up the probe.
    • Outside India: Where the Central government finds that a scheduled offence has been committed at any place outside India to which this Act extends, it can also direct the NIA to register the case and take up investigation.
• Sanction:
  • For prosecuting the accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) and certain other scheduled offences, the Agency seeks the sanction of the Central Government.
    • The sanction is granted under the UAPA based on the report of the ‘Authority’ constituted under section 45 (2) of the UAPA.
• Other:
  • There is an exclusive Left Wing Extremism (LWE) cell to effectively deal with cases related to terror financing aspects of Naxalite groups.
  • While investigating any scheduled offence, the agency can also investigate any other offence which the accused is alleged to have committed if the offence is connected to the scheduled offence.
  • After investigation, the cases are placed before the NIA Special Court.

What is NIA Special Courts?

• The Central Government for the trial of Scheduled Offences constitutes one or more Special Courts under Section 11 and 22 of the NIA Act 2008.
• Composition:
  • The Special Court shall be presided over by a judge to be appointed by the Central Government on the recommendation of the Chief Justice of the High Court.
  • The Central Government may, if required, appoint an additional judge or additional judges to the Special Court, on the recommendation of the Chief Justice of the High Court.
• Jurisdiction of Special Courts:
  • The Special Courts have all powers of the court of sessions under the Code of Criminal Procedure, 1973.
  • Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the Central Government whose decision in the matter shall be final.
  • The Supreme Court can transfer a case pending before a Special Court to any other Special Court within that State or any other State in some exceptional cases where it is not feasible to conduct a peaceful, fair, impartial and speedy trial.
    • Similarly, the High Court has the power to transfer a case pending before a Special Court in a State to any other Special Court within that State.

What are the Recent Amendments in the NIA Act?

• NIA was amended in 2019 with the objective of speedy investigation and prosecution of certain offences, including those committed outside India.
• The amendment focussed on three main areas:
  • Offences outside India:
    • The original Act allowed NIA to investigate and prosecute offences within India.
      • The Amended Act empowered the agency to investigate offences committed outside India, subject to international treaties and domestic laws of other countries.
  • Widening the scope of Law:
    • The amendment has allowed the NIA to investigate, in addition, cases related to:
      • Human trafficking
      • Counterfeit currency or banknotes
      • Manufacture or sale of prohibited arms
      • Cyber-terrorism
      • Offences under the Explosive Substances Act, 1908.
  • Special Courts:
    • The 2008 Act constituted Special Courts for conducting the trial of offences under the Act.
      • The 2019 amendment allowed the central government to designate Sessions Courts as Special Courts for the trial of scheduled offences under the Act.
      • The central government is required to consult the Chief Justice of the High Court under which the Sessions Court is functioning, before designating it as a Special Court.
    • State governments may also designate Sessions Courts as Special Courts for the trial of scheduled offences.

Source: TH