Syllabus: GS3/Various Security Forces & Agencies & Their Mandate
Context
- Recently, the Supreme Court of India has expanded the investigative powers of the National Investigation Agency (NIA).
Supreme Court Ruling
- A Bench of the Supreme Court, comprising Justices B.V. Nagarathna and N. Kotiswar Singh, interpreted Section 8 of the NIA Act, 2008 to mean that the agency’s powers are not confined to scheduled offences alone.
- It has expanded the NIA’s powers to include the investigation of non-scheduled offences if they are connected to scheduled offences, and allowed the NIA to probe a broader range of criminal activities linked to its primary investigations.
About the National Investigation Agency (NIA)
- It is the primary counter-terrorist task force of India, was established in 2009, after the enactment of National Investigation Agency Act, 2008.
- It is functioning as the Central Counter Terrorism Law Enforcement Agency in India under the Union Ministry of Home Affairs.
- It was created to investigate and prosecute offences affecting national security, such as terrorism, smuggling of arms, and other serious crimes.
- It is headquartered in New Delhi.
Key Provisions of the NIA Act
- The NIA is empowered to investigate and prosecute offenses listed in the Schedule of the Act, which includes acts of terrorism, offenses against the state, and other crimes that threaten national security.
- Jurisdiction and Powers: The NIA has the authority to investigate offenses across India.
- The NIA (Amendment) Act, 2019 allowed the NIA to investigate crimes committed outside India if they involve Indian citizens or affect Indian interests.
- It also empowered the agency to investigate offenses related to human trafficking, cyber terrorism, and the Explosive Substances Act, among others.
- Special Courts: The Act mandates the establishment of Special Courts for the trial of scheduled offenses. These courts have the authority to conduct trials, pass judgments, and impose penalties.
| Offences Under the National Investigation Agency Act 2008 – Scheduled Offences: These are specific crimes listed in the schedule of the NIA Act. These offences are considered severe threats to national security and integrity, and the NIA is empowered to investigate and prosecute them. These include: 1. Terrorism-related offences under the Unlawful Activities (Prevention) Act (UAPA); 2. Offences under the Atomic Energy Act, 1962; 3. Offences under the Anti-Hijacking Act, 1982; 4. Offences under the Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982; 5. Offences under the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002; 6. Offences under the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005; 7. Offences under the SAARC Convention (Suppression of Terrorism) Act, 1993; 8. Offences under the Explosive Substances Act, 1908; 9. Offences under the Information Technology Act, 2000 (related to cyber terrorism). – Non-Scheduled Offences: These are not explicitly listed in the schedule of the NIA Act. For example: Narcotic Drugs and Psychotropic Substances (NDPS) Act offences. |
Implications of the Ruling
- Enhanced Investigative Reach: The NIA can now investigate a wider array of offences, ensuring a more comprehensive approach to tackling complex criminal networks.
- Strengthening National Security: By allowing the NIA to probe related non-scheduled offences, the ruling enhances the agency’s ability to dismantle organized crime and terrorism networks.
- Legal Clarity: The decision provides clear legal guidance on the scope of the NIA’s powers, which can help streamline future investigations and prosecutions.
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