NIA & Its Power to Confiscate Properties
Sept. 24, 2023

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.

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