National Investigation Agency (NIA)

Context:

SC expands NIA powers: Agency can probe non-scheduled offences linked to cases under its purview

National Investigation Agency (NIA):

• India’s federal counter-terrorism law enforcement agency, established to investigate terror activities across the country without needing state government permission.
• Establishment – Formed under the NIA Act 2008, following the 26/11 Mumbai terror attacks
• Ministry – Ministry of Home Affairs.
• Investigation Powers:
  • Investigation of Scheduled Offences (offences listed in the schedule of the NIA Act) –
    • On receipt of a report from the State Government, if the Central Government thinks that the offence is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the offence.
    • The Central Government may (without any report from the State), suo motu, direct the agency to investigate the said offence.
  • Can investigate connected offences during the investigation of scheduled offences.
  • Can requires state governments to assist in investigations.
  • Needs central government sanction for prosecuting under the UAPA and other specific acts.
• Prosecution: Cases are presented before NIA Special Courts, with appeals lying to the High Court.

National Investigation Agency (Amendment) Act, 2019:

• Inclusion of Offences: Added human trafficking, counterfeit currency, prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act to the schedule.
• Jurisdiction Expansion: Empowered NIA to investigate offences committed outside India, subject to international treaties and domestic laws.
• Special Courts: Empowers both Central and state governments to designate Sessions Courts as Special Courts for trial of scheduled offences.

Differences Between NIA and CBI:

Aspect	NIA	CBI
Statutory Status	Statutory agency under the NIA Act 2008	Not a statutory agency; derives powers from the Delhi Special Police Establishment Act 1946
Ministry	Functions under the Ministry of Home Affairs	Functions under the Ministry of Personnel, Public Grievances and Pensions
Investigation Focus	Investigates terrorism-related crimes	Investigates corruption, economic offences, and serious crimes other than terrorism
State Government Consent	Can investigate offences in any state without state government consent	Requires state government consent to investigate crimes in any state, except when directed by the Supreme Court or High Courts

Source: IE

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Previous Year Question

In India, which of the following review the independent regulators in sectors like telecommunications, insurance, electricity, etc.?
1. Ad Hoc Committees set up by the Parliament
2. Parliamentary Department Related Standing Committees
3. Finance Commission
4. Financial Sector Legislative Reforms Commission
5. NITI Aayog
Select the correct answer using the code given below:

[UPSC Civil Service Exam – 2019 Prelims]

(a) 1 and 2 only
(b) 1, 3 and 4 only
(c) 3, 4 and 5 only
(d) 2 and 5 only

Answer: (a)

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