Overview

• India’s federal counter-terrorism investigation agency.
• Set up after the 26/11 Mumbai terror attacks to strengthen national-level terror investigations.
• A statutory body created under the National Investigation Agency (NIA) Act, 2008.
• Functions under the Ministry of Home Affairs (MHA).
• Can register cases, investigate, and arrest across India in scheduled offences without needing State government permission (as per the Act’s framework).

Why NIA Was Created

• 26/11 exposed coordination gaps and limitations of existing state-centric investigation systems for terrorism.
• Need for a specialised national agency to handle inter-state and terror-linked crimes with a unified approach.

Core Objectives and Functions

• Professional investigation of scheduled offences using modern scientific methods.
• Create and maintain a database of terror-related information.
• Assist States and other agencies in terrorism investigations.
• Build institutional expertise in terror financing, networks, and conspiracies.

Statutory Provisions Under NIA Act, 2008

Investigation of Scheduled Offences

• If a State Government reports an offence, the Central Government may direct NIA to investigate if it qualifies as a fit case.
• The Central Government can also act suo motu and direct NIA to investigate even without a State report.

Power to Investigate Connected Offences

• While probing a scheduled offence, NIA can investigate other connected offences committed by the accused during the same case trail.

State Assistance Mandate

• State governments must provide assistance and cooperation to NIA for investigation of scheduled offences.

Sanction Requirements in Some Laws

• For prosecution under UAPA and certain other offences, NIA requires sanction from the Central Government.

Prosecution Process

• After investigation, the case is placed before the NIA Special Court for trial.

Scheduled Offences Under NIA Act (Examples Mentioned)

• Atomic Energy Act, 1962
• Unlawful Activities (Prevention) Act, 1967 (UAPA)
• Anti-Hijacking Act, 1982
• Other laws listed in the Act’s Schedule.

Institutional Framework

National Investigation Agency

• NIA officers have powers equivalent to police officers for investigation.
• Works under the administrative control of MHA.

Special Courts

• Central and State governments can establish Special Courts for trial of scheduled offences.
• Appeals lie with the High Court of the concerned state.

Difference Between NIA and CBI

NIA

• Statutory agency under NIA Act, 2008.
• Under Ministry of Home Affairs.
• Focus: Terror attacks, terror financing, and terror-linked crimes.
• Can investigate scheduled offences across states without State consent (as empowered by the Act).

CBI

• Derives powers from Delhi Special Police Establishment Act, 1946.
• Under Ministry of Personnel, Public Grievances and Pensions.
• Focus: Corruption, economic offences, serious organised crime (generally non-terror).
• Needs State consent for investigations in a State (except when ordered by Supreme Court/High Courts).

Steps Taken to Strengthen NIA (Since 2019)

• 10 new branch offices created; total 18 branch offices, with additional sanctioned posts.
• Two new divisions at HQ:
  • Human Trafficking cases
  • Cyber Terrorism, Explosives and Prohibited Arms
• UAPA Amendment 2019 empowered NIA DG to seize/attach properties linked to proceeds of terrorism in NIA cases.
• Capacity enhancement through approvals for scientific/technological tools and skills.
• Financial autonomy increased by delegating powers to the Director General to engage consultants/experts.
• Higher funding allocation to NIA since 2019–20 (as stated).

National Investigation Agency (Amendment) Act, 2019

Expanded Scheduled Offences

• Added offences related to:
  • Human trafficking
  • Counterfeit currency/bank notes
  • Prohibited arms
  • Cyber-terrorism
  • Explosive Substances Act, 1908 offences

Expanded Jurisdiction

• NIA can investigate scheduled offences committed outside India, subject to:
  • International treaties
  • Domestic laws of the concerned country
• Central Government can direct NIA to investigate such cases as if committed in India.

Special Courts Changes

• Central Government can designate Sessions Courts as Special Courts.
• State governments can also designate Sessions Courts as Special Courts.

Challenges and Suggested Measures

Domain Expertise Gap

• Officers largely drawn from IPS, leading to generalist staffing in specialised terror cases.
• Suggested measure:
  • Create a dedicated NIA cadre with domain expertise.

Cross-Border Investigation Limitations

• Multi-country terror cases face:
  • Diplomatic constraints
  • Sovereignty issues
  • Weak enforceability of international mechanisms
• Example mentioned:
  • Interpol rejecting Red Corner request in the “Sikhs for Justice”-linked case.
• Suggested measure:
  • Stronger international institutional mechanisms and tighter cooperation.

Federalism Concerns

• Some states have raised objections claiming:
  • “Police” is a State List subject.
• Suggested measure:
  • NIA should avoid unnecessary encroachment and ensure coordination.

Overlapping Jurisdiction With Other Agencies

• Overlap possible with CBI/other agencies in organised crime, cyber crime, etc.
• Suggested measure:
  • Clearer jurisdiction definitions and accountability protocols.

Tech and Infrastructure Upgradation

• Terror networks use modern technology; NIA needs advanced tools.
• Suggested upgrades (examples mentioned):
  • AI-driven facial recognition
  • GPS tracking
  • Drones
  • License plate scanning
  • Better training and equipment modernisation