NIA can Probe Linked Non-Scheduled Offences: SC | 20 Dec 2024

Source: IE

Recently, the Supreme Court (SC) has held that the National Investigation Agency (NIA) has the power to probe non-scheduled offences if they are linked to scheduled offences under the NIA Act.

  • The SC clarified that the NIA can probe offences under the NDPS Act, 1985 (not scheduled under the NIA Act) if they are connected to offences under the UAPA, which is scheduled under the Act.
  • Scheduled Offences Under NIA Act, 2008:

Scheduled_Offences_Under_NIA_Act

  • The NDPS Act, 1985 regulates narcotics-related activities, penalizing offences like drug trafficking with imprisonment (10–20 years), fines (minimum Rs 1 lakh), and death for severe repeat offences. 
    • It also mandates property forfeiture linked to drug crimes and established the Narcotics Control Bureau in 1986 for enforcement.
  • NIA is India’s central counter-terrorism law enforcement agency, established under the NIA Act, 2008.
    • It investigates offences affecting India’s sovereignty, security, and integrity, including cross-border crimes like arms smuggling, drug trafficking, and fake currency circulation. 
    • It operates under the Ministry of Home Affairs.

Read More: National Investigation Agency