LUXMIKANT POLITY CRUX NOTES-CHAPTER-62

National Investigation Agency

Establishment ·         Constituted in 2009-NIA act, 2008.

·         It is the central counterterrorism and law-enforcement agency in the country.

·         Established in the backdrop of 2008 Mumbai terror attacks

·         The headquarter of NIA – Delhi.

·         Branch offices – Hyderabad, Guwahati, Mumbai, Lucknow, Kochi, Kolkata, Jammu and Raipur

·         In addition NIA has a separate cell – TFFC cell-fake currency notes and terror funding dealing

·         Headed by DG-appointed by central government – same powers as DGP.

·         Works under administrative control of MoHA.

 

Rationale ·         India – victim of large-scale terrorism sponsored from across borders

·         Most incidences – interstate and international linkages and possible connection with other activities like smuggling, counterfeit currency, etc.

·         Second ARC recommendation – to establishan agency

 

Functions NIA Act:

a.       To investigate and prosecute offences – acts specified in the Schedule of Act

b.       To provide assistance to and seek assistance from other intelligence agencies of State and Central Govt.

c.        Take any such measures that may be necessary for speedy and effective implementation.

Mission ·         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

 

Jurisdiction ·         Concurrent Jurisdiction – Investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of state, friendly relations with foreign states and other internationally related offences

·         2019 – jurisdiction of NIA extended – empowered to probe offences relating to:

a.       Human trafficking

b.       Counterfeit currency

c.        Banknotes manufacture

d.       Sale of prohibited arms

e.        Cyber terrorism

f.        Explosive substances

NIA (Amendment) Act, 2019 ·         NIA applicable to persons who commit any crime against Indian citizens or affecting the interest of India.

·         Officers have similar powers, duties, privileges and liabilities as – police officers in connection with investigation

·         Empowers CG to scheduled offences committed outside country – NIA take up as if such offences had taken place in India

·         CG/SG-designate sessions court as special courts for conducting trial of offences.

·         Added certain new offences in the schedule of NIA Act

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