National Investigation Agency

The National Investigation Agency is the federal counter-terrorism law enforcement agency of India. It is a thoroughly professional investigative agency that matches the best international standards. It has extensive powers to investigate terror activities in any part of India, register a case, and arrest people without the permission of the state government.

The NIA is a statutory body established under the NIA Act 2008 and functions under the Ministry of Home Affairs. It was established in the aftermath of the 26/11 Mumbai terror attack which exposed the limitations of existing intelligence agencies to prevent and fight such attacks.

Functioning of the National Investigation Agency

The major objectives of the NIA are the in-depth professional investigation of scheduled offences using the latest scientific methods, building a database of all terrorist-related information and assisting states and other investigating agencies in the investigation of terrorist cases.

Statutory Provisions

It was established under the National Investigation Agency Act, 2008.

• Investigation of Scheduled Offences:
  • On receipt of a report from the State Government, if the Central Government thinks that the offence is a fit case to be investigated by the Agency, it shall direct the Agency to investigate the offence.
  • The Central Government may (without any report from the State), suo motu, direct the agency to investigate the said offence.
• Power to investigate connected offences: While investigating any Scheduled Offence, the Agency may also investigate any other connected offence which the accused has committed.
• State Government to extend assistance to National Investigation Agency: The State Government shall extend all assistance and cooperation to the Agency for investigation of the Scheduled Offences.
• Investigation of offences under other acts: For prosecuting under the UAPA and certain other offences, the NIA has to take the sanction of the Central government.
• Prosecution of Offences: When the investigation is complete, the cases are placed before the NIA Special Court.
• The Schedule: The schedule of the NIA Act lists several acts such as:
  • The Atomic Energy Act, 1962
  • The Unlawful Activities (Prevention) Act, 1967
  • The Anti-Hijacking Act, 1982, etc.

Institutional Framework

• National Investigation Agency: The NIA Act provides for the creation of the National Investigation Agency to investigate and prosecute offences specified in the schedule. 
  • The NIA officers have the same powers as other police officers concerning the investigation. 
  • The NIA comes under the jurisdiction of the Ministry of Home Affairs.
• Special Courts: The Act empowers the central and state governments to establish Special Courts for the trial of scheduled offences. 
  • The appeal lies to the High Court of the concerned state.

Difference between NIA and CBI

Recent Steps Taken to Strengthen NIA

Keeping in view the zero-tolerance policy against terrorism, the Central Government recently took some steps to enable it to discharge its mandate more effectively and professionally. The Ministry of Home Affairs (MHA) has taken several measures since 2019 towards enhancing the capacity of NIA, which, include as under:

• Ten new branch offices: The NIA, with its headquarters in New Delhi, now has 18 Branch Offices in the country. Of them, 10 new branch offices with an additional 481 posts, have been created since 2019.
• Two new divisions: new divisions were established at NIA Headquarters, one for Human Trafficking cases and the other for Cyber Terrorism, Explosives and Prohibited Arms.
• Amendment to Unlawful Activities (Prevention) Act, 1967: UAPA was amended in 2019 to empower the Director General (DG) of the NIA to seize/attach the properties related to proceeds of terrorism in cases being investigated by the NIA.
• Capacity enhancement: This has been ensured by providing prompt approvals for scientific & technological support in terms of equipment and skill.
• Financial powers: To give more autonomy to the NIA, the financial powers are delegated to the Director General of NIA for engaging consultants/ experts/ professionals.
  • The allocation of funds to NIA has consistently increased since 2019-20.

National Investigation Agency (Amendment) Act, 2019

The NIA Act of 2008 was amended in 2019 to enlarge the mandate of the agency and empower it to wage an effective war against terrorism and other serious crimes. The following changes were made to the act.

• Inclusion of scheduled offences: The amendment added the following types of offences under the Schedule of the Act:
  • Human trafficking,
  • Offences related to counterfeit currency or bank notes,
  • Manufacture or sale of prohibited arms,
  • Cyber-terrorism,
  • Offences under the Explosive Substances Act, 1908.
• Expansion of Jurisdiction: The Act empowers NIA to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries. 
  • The central government can order the NIA to investigate such cases as if the offence is committed in India.
• Special Courts: The Act empowers the central government to designate Sessions Courts as Special Courts for the trial of scheduled offences.
  • Further, now the state governments may also designate Sessions Courts as Special Courts.

Challenges and Suggested Measures

The NIA has a 94.7% conviction rate. In 2023, the NIA arrested 47 accused, which was 14 more than the previous year. Despite the high conviction rate, the NIA faces certain challenges which need to be overcome. 

• Domain Expertise: The officers of the NIA are taken from the Indian Police Service and there is a lack of specialised cadre for the NIA. This results in ‘Generalists’ manning the key positions who lack domain expertise.
  • A separate cadre of officers (having domain expertise) can be created for the NIA.
• Challenges in cross-border investigations: The challenges become more pronounced in cases that span multiple countries. 
  • For example, in the case against the Khalistani organisation, “Sikhs for Justice” the interplay of diplomatic relations, issues of sovereignty and security, accusations, and counterclaims underscores the intricacies in addressing such cases. 
  • The Interpol rejected the request for a red corner notice against Gurpatwant Singh Pannun (Head of the ‘Sikhs for Justice’) highlighting the limitations of international mechanisms in dealing with separatists.
  • A dedicated institutional mechanism with proper delegation of powers should be established at the international level. Further countries should closely support and cooperate rather than nurturing terror elements to gain political mileage in their own country.
• Issue of Federalism: Some states such as Kerala, and Chattisgarh had moved the Supreme Court against the National Investigation Act, of 2008 stating it is violative of the Constitution as policing is listed in the state list.
  • Similarly, West Bengal police have filed an FIR against NIA officials.
  • While investigating a case in the state/UT, the NIA should take care not to unnecessarily encroach on the jurisdiction of the State/UT Government.
• Overlapping Jurisdiction with other agencies: The overlap in jurisdiction and failure to share information. For example, the jurisdictions of CBI and NIA may overlap and they may work together on certain cases such as some cases of organised crime, cyber crimes, etc.
  • Jurisdictions should be defined with more clarity to ensure ease of operations and clear accountability.
• Infrastructure Upgradation: Terrorists are increasingly adopting modern technology and devices therefore there is a need to upgrade NIA’s technical capacity by investing in modern equipment and better training.
• Artificial Intelligence-drivenfacial recognition technology can compare facial images from surveillance footage, photographs, or video feeds against criminal databases to quickly identify suspects.
• GPS, drones, and license plate scanning can help police find criminals, observe scenes, etc.

NIA UPSC PYQs

Question 1. The Indian government has recently strengthened the anti-terrorism laws by amending the Unlawful Activities (Prevention) Act (UAPA), 1967, and the NIA Act. Analyze the changes in the context of the prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organizations. (UPSC Mains 2019)

NIA FAQs

Q1. What is the role of the NIA?

Ans. The NIA sets the standards of excellence in the investigations of counter-terrorism and other national security-related at the national level. It is the federal terror investigating agency of India. The NIA aims to create deterrence for existing and potential terrorist groups/individuals.

Q2. Can a State Government request the NIA to take over the investigation of a case?

Ans. A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided there is reasonable ground to suggest the commission of a scheduled offence under the NIA Act in the said crime.

Q3. Is NIA a statutory body?

Ans. NIA is India's primary anti-terror organization charged with the role of combating terrorism. The National Investigation Agency is a statutory body established under the National Investigation Agency Act, 2008. 

Q4. The NIA comes under which Ministry?

Ans. The National Investigation Agency functions under the jurisdiction of the Ministry of Home Affairs of the Union Government.