Following directives from the Union Ministry of Home Affairs (MHA), the National Investigation Agency (NIA) on April 27 initiated the process of taking over the probe into the Pahalgam terror attack, which claimed 26 lives last week.
What Is The NIA?
Background to Its Creation: In response to repeated terror incidents across India, several expert panels proposed the establishment of a specialised Central agency dedicated to handling terrorism-related investigations.
Limitations of the CBI: The Central Bureau of Investigation (CBI), the primary Central agency before the NIA, mainly focuses on probing corruption, financial crimes, and major organised criminal activities, rather than terror cases.
Formation After 26/11: The National Investigation Agency (NIA) was set up following the devastating 26/11 Mumbai attacks, with the passing of the NIA Act in 2008. The agency was tasked with probing and prosecuting offences that impact India’s sovereignty, national security, state safety, and international relations.
Mandate and Jurisdiction: Under its authority, the NIA investigates crimes that breach national security laws, affect relations with foreign nations, or violate obligations under international treaties and conventions.
Key Features Of The NIA Act (As Amended In 2019)
- Empowered Offences Under Schedule: The NIA Act, as revised in 2019, specifies a range of offences the agency can investigate, including violations under the Indian Penal Code, the Information Technology Act, the Arms Act, the Anti-Hijacking Act, and others.
- Objective of the 2019 Amendment: The 2019 amendment expanded the NIA’s mandate to strengthen its capacity to combat terrorism and other serious crimes more effectively.
- Addition of New Offences: Several crimes were newly classified as Scheduled Offences, such as:
- Human trafficking
- Crimes involving counterfeit currency or banknotes
- Production or sale of banned weapons
- Cyber-terrorism
- Violations under the Explosive Substances Act, 1908
- Wider Jurisdiction Beyond Borders: The updated Act authorises the NIA to investigate Scheduled Offences committed outside Indian territory, subject to international agreements and the local laws of foreign countries. The central government can direct the NIA to treat such cases as if they occurred within India.
- Designation of Special Courts: The central government can appoint Sessions Courts as Special Courts for hearing cases related to Scheduled Offences. Additionally, state governments now also have the authority to designate Sessions Courts as Special Courts.
- Supreme Court Ruling (December 2024): In a key ruling, the Supreme Court clarified that the NIA can investigate offences “connected” to the main Scheduled Offence under probe, even if the connected crime was committed by a different person not originally accused.
- Central Government’s Authority: The Centre has the power to independently (suo motu) order the NIA to investigate a case if it believes a Scheduled Offence has occurred. State governments can submit reports to the Centre, which must decide within 15 days whether the offence merits NIA investigation.
- State Cooperation Mandate: State authorities are obligated to fully support and assist the NIA in probing Scheduled Offences under the Act.
- Trial of NIA Cases: NIA cases are adjudicated in specially designated NIA courts.The Central Government, after consulting the Chief Justice of the relevant High Court, notifies the designation of one or more Sessions Courts as Special Courts for specific areas, cases, or types of cases.
NIA vs CBI: A Quick Comparison
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