Why in News?
- The National Investigation Agency (NIA) confiscated land and part of a house belonging to Gurpatwant Singh Pannu, the US-based founder and lawyer of the banned Sikhs for Justice, in Amritsar and Chandigarh.
What’s in Today’s Article?
- Background (Need for NIA)
- About NIA (Objectives, Functions, NIA Amendment Act, etc.)
Why Was the National Investigation Agency Set Up?
- Over the past several decades, India has been the victim of large-scale terrorism sponsored from across the borders.
- A large number of such attacks are found to have complex inter-state and international linkages, and possible connection with other activities like the smuggling of arms and drugs, circulation of fake Indian currency, etc.
- keeping all these in view, it was felt that there was a need for setting up of an Agency at the Central level for investigation of offences related to terrorism and certain other Acts, which have national ramifications.
- Several experts and Committees, including the Administrative Reforms Commission in its Report, had made recommendations for establishing such an Agency.
About National Investigation Agency:
- Accordingly, the National Investigation Agency Act, 2008 was enacted and the National Investigation Agency was born.
- The Act gives the NIA powers to:
- Take Suo motu cognisance of terror activities in any part of India and register a case,
- Enter any state without permission from the state government, and
- Investigate and arrest people.
- At present NIA is functioning as the Central Counter-Terrorism Law Enforcement Agency in India.
- Objectives:
- To set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce.
- To create deterrence for existing and potential terrorist groups/individuals.
- Jurisdiction:
- Provisions of the NIA Act extend to the whole of India and also applies to Indian citizens outside the country.
- Headquarters: New Delhi
- Nodal Ministry: Ministry of Home Affairs
Functions of NIA:
- In-depth professional investigation of scheduled offences using the latest scientific methods of investigation and setting up such standards as to ensure that all cases entrusted to the NIA are detected.
- Ensuring effective and speedy trial.
- Maintaining professional and cordial relations with the governments of States and Union Territories and other law enforcement agencies in compliance of the legal provisions of the NIA Act.
- Assist all States and other investigating agencies in investigation of terrorist cases.
- Build a data base on all terrorist related information and share the data base available with the States and other agencies.
NIA (Amendment) Act, 2019:
- The 2019 NIA Amendment Act expanded the type of offences that the investigative body could investigate and prosecute.
- The agency can now investigate offences related to human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act, 1908.
- The amendment also enables the Central government to designate sessions courts as special courts for NIA trials.
Can NIA Conduct Raids & Seize Properties?
- The Unlawful Activities (Prevention) Amendment Act (UAPA), also passed in 2019, allows an NIA officer to conduct raids, and seize properties that are suspected to be linked to terrorist activities.
- The NIA does not have to take permission of the Director General of Police of a state.
- The investigating officer only requires sanction from the Director General of NIA.