The functioning of the National Investigation Agency

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Recently ,The National Investigation Agency (NIA) has taken over the probe into the killing of tailor Kanhaiyya Lal (48) in Rajasthan’s Udaipur over a social media post supporting suspended Bharatiya Janata Party (BJP) leader Nupur Sharma.

What is the NIA?

• Origin 
  • In the wake of the 26/11 Mumbai terror attack in November 2008, which shocked the entire world, the then United Progressive Alliance government decided to establish the NIA. 
    • In December 2008, former Union Home Minister P. Chidambaram introduced the National Investigation Agency Bill.
    • The Home Minister had then said the agency would deal with only eight laws mentioned in the schedule and that a balance had been struck between the right of the State and duties of the Central government to investigate the more important cases. The Bill was passed by the Lok Sabha and the Rajya Sabha.
• Headquartered : Delhi
• Mandate 
  • It is a central agency mandated to investigate all the offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and the offences under the statutory laws enacted to implement international treaties, agreements, conventions and resolutions of the United Nations, its agencies and other international organisations. 
    • These include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders. 

• The agency has the power to search, seize, arrest and prosecute those involved in such offences.

• Jurisdiction
  • The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country; persons in the service of the government wherever they are posted; persons on ships and aircraft registered in India wherever they may be; persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.
• How does the NIA take up a probe?
  • As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation. After assessing the details made available, the Centre can then direct the agency to take over the case.
  •  State governments are required to extend all assistance to the NIA.
    • Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
  • Where the Central government finds that a scheduled offence has been committed at any place outside India to which this Act extends, it can also direct the NIA to register the case and take up investigation. 
  • While investigating any scheduled offence, the agency can also investigate any other offence which the accused is alleged to have committed if the offence is connected to the scheduled offence.

Source:TH