The National Investigation Agency (NIA) is a central agency mandated to investigate all offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and offences under statutory laws enacted to implement international treaties, agreements, conventions, and resolutions of the United Nations and other international organizations. In this essay, we will explore what the NIA is, its power, jurisdiction, and how it takes up a probe.
What is the NIA?
The NIA is a federal agency that came into existence in 2008 following the 26/11 Mumbai terror attack. Its main mandate is to investigate terrorism-related crimes, including their possible links to crimes like smuggling of arms, drugs and fake Indian currency, and infiltration from across the borders.
The agency has the power to search, seize, arrest, and prosecute those involved in such offences. Its headquarters are located in Delhi.
Scheduled Offences
- The NIA investigates scheduled offences, including:
- Explosive Substances Act
- Atomic Energy Act
- Unlawful Activities (Prevention) Act
- Anti-Hijacking Act
- Suppression of Unlawful Acts against Safety of Civil Aviation Act
- SAARC Convention (Suppression of Terrorism) Act
- Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act
- Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act
- Relevant offences under the Indian Penal Code, Arms Act, and the Information Technology Act
- In 2020, the Centre empowered the NIA to also investigate offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases.
Jurisdiction of NIA
The law under which the agency operates extends to the whole of India, 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, and persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.
How Does NIA Take Up a Probe?
The State governments can refer cases related to scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation. The Centre can then direct the agency to take over the case. State governments are required to extend all assistance to the NIA.
Additionally, the Central government may suo motu direct the agency to take up/over the probe. If 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.
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.
Why In News
The National Investigation Agency (NIA) was established in 2008 in response to the 26/11 Mumbai terror attack. As part of India’s zero tolerance policy towards terrorism, the Central Government regularly reviews the administrative and legal requirements of the NIA to ensure it is properly equipped to investigate and prosecute those involved in offences that threaten the sovereignty, security, and integrity of India, as well as offences under international treaties and agreements.
MCQs about India’s National Investigation Agency (NIA)
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What is the National Investigation Agency (NIA)?
A. An agency mandated to investigate offences affecting India’s sovereignty, security, and integrity
B. An agency that investigates civil cases
C. An agency that investigates only state-level crimes
D. An agency that investigates offences affecting only one state
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Which of the following Acts is not included in the list of scheduled offences that the NIA investigates?
A. Unlawful Activities (Prevention) Act
B. Narcotic Drugs and Psychotropic Substances Act
C. Anti-Hijacking Act
D. Prevention of Corruption Act
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Which of the following is not part of the NIA’s jurisdiction?
A. Indian citizens outside the country
B. Persons on ships and aircraft registered in India wherever they may be
C. Foreign nationals on Indian soil
D. Persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India
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