The functioning of the National Investigation Agency

GS Paper-2

Syllabus: Statutory, regulatory and various quasi-judicial bodies.

Context:

• The National Investigation Agency (NIA) has taken over the probe into the killing of tailor Kanhaiyya Lal (48) in Rajasthan’s Udaipur over a social media post supporting suspended leader Nupur Sharma.
• Now, the Union Home Ministry has handed over to the agency the investigation of a similarly executed murder of pharmacist Umesh Kolhe in Maharashtra.

What is the NIA?

• The National Investigation Agency (NIA) was constituted under the National Investigation Agency (NIA) Act, 2008.
• It is a central agency to investigates and prosecutes offences:
  • Affects the sovereignty, security and integrity of India, security of the State, and 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 organizations.
• Its objective is also to combat terror in India.
• It acts as the Central Counter-Terrorism Law Enforcement Agency.
• Headquarters: New Delhi
  Branches: Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur and Jammu.

Scheduled offences: The schedule of the NIA 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.

NIA’s jurisdiction:

• The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country.
• Persons in the service of the government wherever they are posted
• Persons on ships and aircraft registered in India wherever they may be
• Persons who commit a scheduled offence beyond India against the Indian citizen or affect the interest of India.

How does the NIA take up a probe?

• State government refers case: As provided under Section 6 of the Act, State governments can refer the case pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
• Central government directs the agency: After Assessing the details made available, the Centre can then direct the agency to take over the case.
  • State governments are required to extend all assistance to the NIA.
• Outside India: Where the Central government finds that a scheduled offence has been committed at any place outside India to which this Act extends, it can also direct the NIA to register the case and take up an investigation.
• Can investigate allied offences: While investigating a scheduled offence, the agency can also investigate any other offence that the accused is alleged to have committed if the offence is connected to the scheduled offence.

Insta Links:

NIA

Practice Questions:

Q. Discuss the mandate of the National Investigation Agency (NIA), What are the impediments to its operative functioning? How can these concerns be addressed? Elucidate. (250 words)

Q. Which of the following offences is/are investigated and prosecuted by the NIA?

1. Smuggling in High-Quality Counterfeit Indian Currency.
2. Offences affecting friendly relations with foreign States.
3. Offences related to atomic and nuclear facilities.

Select the correct answer using the codes given below:

a. 1 and 2 only

b. 2 only

c. 1 and 3 only

d. 1, 2 and 3

Ans: (d)

Justification:

• It is a central agency to investigates and prosecutes offences:
  • Affects the sovereignty, security and integrity of India, security of the State, and friendly relations with foreign States.
  • Against atomic and nuclear facilities.
  • Smuggling in High-Quality Counterfeit Indian Currency.

Source: The Hindu