National Investigation Agency (NIA)

 The NIA is India’s Central Counter-Terrorism Enforcement Agency responsible for investigating crimes that threaten the nation’s sovereignty, security, and integrity. Its scope includes offenses such as:

• Acts against India’s relations with foreign states.
  
• Threats to atomic and nuclear facilities.
  
• Smuggling of arms, drugs, counterfeit currency, and infiltration across borders.
  
• Violations of laws stemming from international treaties, UN resolutions, and agreements.
  

The NIA was established under the NIA Act, 2008, and operates without needing state-level consent for investigations involving national security. It is headquartered in New Delhi.

Origin of the NIA

Following the 26/11 Mumbai terror attack in 2008, the Indian government, led by the United Progressive Alliance, decided to create the NIA. In December 2008, P. Chidambaram, the then Union Home Minister, introduced the National Investigation Agency Bill.
The agency became operational on 31st December 2008, and started functioning in 2009. To date, the NIA has handled 447 cases.

Jurisdiction of the NIA

The NIA’s jurisdiction covers all of India, and its powers extend to Indian citizens abroad, government employees anywhere, and Indian ships or aircraft worldwide. It also addresses offenses committed outside India that affect Indian citizens or national interests.

What are Scheduled Offences?

The NIA Act lists certain crimes as scheduled offenses that the NIA is authorized to investigate and prosecute. These offenses include:

• Explosive Substances Act,
  
• Atomic Energy Act,
  
• Unlawful Activities (Prevention) Act (UAPA),
  
• Anti-Hijacking Act,
  
• SAARC Convention (Suppression of Terrorism) Act,
  
• Weapons of Mass Destruction Act,
  
• Narcotic Drugs and Psychotropic Substances Act,
  
• Certain offenses under the Indian Penal Code, Arms Act, and Information Technology Act.
  

How Does the NIA Take Up Investigations?

The NIA can take up a case through two primary channels:

• State Government Referral: State authorities can refer scheduled offense cases to the Union Home Ministry, which may direct the NIA to investigate after reviewing the case details.
  
• Central Government Referral: The central government can independently direct the NIA to investigate if a scheduled offense has been committed, even if it occurs outside India.
  

For some cases, particularly under the UAPA, the NIA needs permission from the Central Government for prosecution.

NIA Special Courts

The NIA Act empowers the central government to establish Special Courts for trial of scheduled offenses.
Composition:
The court is presided over by a judge appointed by the central government in consultation with the Chief Justice of the High Court. Additional judges may be appointed if needed.
Jurisdiction:
These Special Courts have the powers of sessions courts under the Criminal Procedure Code (CrPC). In exceptional cases, the Supreme Court can transfer cases between Special Courts to ensure fair trials, while the High Court can transfer cases within the state.

Recent Amendments to the NIA Act

The 2019 amendment aimed at enhancing the NIA’s ability to conduct investigations and prosecute cases, especially those involving offenses committed outside India. Key changes include:

1. Offenses Outside India:
   The amendment enables the NIA to investigate offenses outside India, in line with international treaties and the laws of other nations.
   
2. Expanded Scope:
   The NIA can now investigate crimes like:
   

• Human trafficking,
  
• Counterfeit currency and related activities,
  
• Cyber-terrorism,
  
• Manufacturing and selling of banned arms,
  
• Offenses under the Explosive Substances Act.
  

3. Special Courts:
   Previously, the Act set up Special Courts for scheduled offenses, but the 2019 amendment allows Sessions Courts to be designated as Special Courts for such offenses, with the consultation of the Chief Justice of the High Court. States also have the power to designate Sessions Courts as Special Courts for NIA trials.
   

These amendments are designed to facilitate speedy investigations and prosecutions, especially in the context of international crimes.