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National Investigation Agency (NIA)

2022 MAY 26

Preliminary   > Polity   >   Institutions/Bodies   >   Government agencies

Why in news?

  • NIA court in Delhi recently handed life term to Kashmiri separatist leader Yasin Malik in a case related to terrorism and secessionist activities in 2016-17.

About NIA:

  • NIA is the central counter-terrorism agency of India functioning under the Ministry of Home Affairs
  • It was constituted under the National Investigation Agency (NIA) Act, 2008.
  • It is a central agency to investigate and prosecute offences:
    • Affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States.
    • Against atomic and nuclear facilities.
    • Smuggling in High-Quality Counterfeit Indian Currency.
  • It implements international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations.
  • Unlike, CBI, the NIA can investigate terror cases across the country without having to get permission from the states.
  • The schedule to the Act specifies a list of offences which are to be investigated and prosecuted by the NIA.  These include offences under Acts such as the Atomic Energy Act, 1962, and the Unlawful Activities Prevention Act, 1967. 

Amendment in 2019:

  • The NIA (Amendment) Bill, 2019 was passed by Parliament amending the original Act of 2008.
  • The amendment seeks to allow the NIA to investigate the following additional offences:
    • Human trafficking
    • Offences related to counterfeit currency or banknotes
    • Manufacture or sale of prohibited arms
    • Cyber-terrorism, and
    • Offences under the Explosive Substances Act, 1908
  • The amendment also expands the jurisdiction of the NIA. Now, it has the authority to investigate offences that are committed outside Indian territory subject to international treaties and domestic laws of other nations.
  • The amendment also allows the central government to constitute Special Courts to conduct trials of scheduled offences.
    • Accordingly, the government will have the power to designate Sessions Courts as Special Courts, after consulting with the Chief Justice of the High Court (under which the Sessions Court functions).
    • The Act also authorizes the state governments to designate Special Courts.

PRACTICE QUESTION:

Which of the following statement is /are correct regarding National Investigative Agency (NIA)?

1. The agency is empowered to deal with terror related crimes across states without special permission from the states

2. The Ministry of Home Affairs (MHA) reviews the manpower, financial and infrastructure requirements of NIA

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

                      C

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