NATIONAL INVESTIGATION AGENCY (NIA)

2. About National Investigation Agency (NIA)

• The National Investigation Agency (NIA) is a federal counter-terrorism law enforcement agency in India.
• It was established in 2008 after the Mumbai terror attack the same year.
• The NIA is empowered to deal with the investigation of terror-related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs.
• The primary mandate of the National Investigation Agency is to investigate and prosecute offences that have national and cross-border implications, specifically focusing on terrorism, insurgency, and other related matters.
• The NIA is headquartered in New Delhi and has 12 regional offices across the country.
• It is headed by a Director General of Police (DGP) rank officer.
• The NIA has a team of highly trained and experienced officers who are experts in counter-terrorism investigations.
• The NIA has been successful in investigating and prosecuting several high-profile terrorism cases, including the 26/11 Mumbai attacks, the 2012 Pune bombing, the 2013 Hyderabad blasts, and the 2014 Pathankot attack.
• The NIA has also played a key role in disrupting terrorist networks and preventing terrorist attacks.
• It has arrested several senior terrorist operatives and seized a large quantity of arms and ammunition.

3. The Changes Made under the NIA (Amendment) Act 2019

The National Investigation Agency (Amendment) Act, 2019, brought significant changes and enhancements to the powers and jurisdiction of the National Investigation Agency (NIA) in India. The amendments aimed to strengthen the agency's ability to combat terrorism and other transnational crimes effectively.

The key changes made under the NIA (Amendment) Act, 2019

• The amendment expanded the jurisdiction of the NIA. Previously, the agency could investigate cases related to terrorism and certain other offences listed in the NIA Act.
• The Act adds new offences to the list of scheduled offences that can be investigated by the NIA. These include

• This extension of jurisdiction gives the NIA greater reach and authority in handling cases with international ramifications.
•  The amendment allowed for the establishment of special courts for the trial of NIA cases.
• These courts are designated to expedite the trial process and ensure that cases are heard and disposed of more quickly, particularly in terrorism-related cases.
• The NIA (Amendment) Act introduced provisions for the protection of witnesses.
• It empowers the NIA to request the central government to issue orders for the protection of witnesses.
• Ensuring the safety of witnesses is crucial for the successful prosecution of cases, especially in terrorism-related trials.
• The amended law allows the NIA to seize and attach properties that are believed to be the proceeds of terrorism or used for terrorism-related activities.
• This provision is essential in disrupting the financial networks of terrorist organizations.
• The NIA can now request the central government to seek extradition of individuals involved in terrorism and other offences under the NIA Act.
• This provision facilitates the extradition of accused persons from foreign countries to face trial in India.
• The central government has the authority to designate session courts as NIA Special Courts.
• These courts are responsible for the trial of NIA cases and follow the procedures outlined in the NIA Act.
• The NIA Act includes a schedule listing offences that fall under its jurisdiction.
• The amendment allows for offences in this schedule to be amended by the central government through notification.
• This flexibility allows for the inclusion of new offences based on emerging threats and challenges.
• The NIA (Amendment) Act includes provisions to enhance transparency and accountability in the agency's functioning.
• It mandates the submission of an annual report on its activities to the central government, which is then laid before both houses of Parliament.

4. The Way Forward