National Investigation Agency: Features And Jurisdiction

Two months after arresting two men for their alleged links with the banned terrorist organisation Al-Qaeda in the Indian Subcontinent (AQIS), the National Investigation Agency (NIA) has registered another FIR against them for their alleged affiliation with Al-Qaeda and Tehrik-e-Taliban Pakistan (TTP)

What is National Investigation Agency?

• NIA is a central agency mandated to investigate all the offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and the offences under the statutory laws
• The agency has the power to search, seize, arrest and prosecute those involved in such offences.
• 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 Bill was passed by the Lok Sabha and the Rajya Sabha.
• The agency came into existence on December 31, 2008, and started its functioning in 2009.
• Headquartered in Delhi, the NIA has its branches in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai, Imphal, Bengaluru and Patna.

Functions Of National Investigation Agency

National Investigation Agency 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 National Investigation Agency Take Up A Probe?

• 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.
• Even 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/over the probe.
• 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.
• 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.

What Are The Scheduled Offences?

• The list includes the 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 and relevant offences under the Indian Penal Code, Arms Act and the Information Technology Act.
• In September 2020, the Centre empowered the NIA to also probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases

NIA (Amendment) Act 2019

• The NIA originally had the power to investigate crimes within India, but the amended Act now allows it to investigate crimes committed outside of India, as long as it follows international treaties and the laws of the countries involved.
• With the amendment, the NIA can now also investigate cases related to, Human Trafficking, Counterfeit currency or banknotes, ohibited arms, Cyber-terrorism, Crimes under the Explosive Substances Act, 1908.
• The 2008 Act created Special Courts to try cases under the Act.
• The 2019 amendment allows the central government to designate Sessions Courts as Special Courts to try Scheduled Offences under the Act.
• Before doing so, the central government must consult with the Chief Justice of the relevant High Court. If multiple Special Courts exist in an area, the most senior judge will assign cases.

Significance

• Over the past several years, India has been the victim of large scale terrorism sponsored from across the borders.
• There have been innumerable incidents of terrorist attacks, not only in the militancy and insurgency affected areas and areas affected by Left Wing Extremism, but also in the form of terrorist attacks and bomb blasts, etc., in various parts of the hinterland and major cities, etc.
• A large number of such incidents are found to have complex inter-State and international linkages, and possible connection with other activities like the smuggling of arms and drugs, pushing in and circulation of fake Indian currency, infiltration from across the borders, etc.
• keeping all these in view, it was felt that there was a need for setting up of an Agency at the Central level for investigation of offences related to terrorism and certain other Acts, which have national ramifications

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