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National Investigation Agency (NIA)
Context
The National Investigation Agency (NIA) began the process of taking over the investigation of the Pahalgam terror attack, following orders from the Union Ministry of Home Affairs (MHA).
What is the National Investigation Agency (NIA)?
- The National Investigation Agency is the specialised Central agency to investigate the terror cases in India.
- Notably, the other key central agency, the Central Bureau of Investigation (CBI), mainly investigates corruption cases, economic offences and other serious organised crimes.
- Terror cases often involve “complex inter-State and international linkages, and possible connection with other activities like the smuggling of arms and drugs, pushing in and circulation of fake Indian currency, infiltration from across the borders, etc.”
- NIA Act: The NIA Act was enacted in 2008, the year of the deadly 26/11 terror attacks on Mumbai.
- It created an agency to “investigate and prosecute offences affecting the sovereignty, security and integrity of India, security of State, friendly relations with foreign States”, and actions violating existing Acts and international treaties.
- Jurisdiction of the NIA:
- The NIA Act, amended in 2019, lists the offences the agency is empowered to investigate under a schedule. These include offences covered under
- sections of the criminal code
- the Information Technology Act
- the Arms Act
- the Anti-Hijacking Act, among others
- However, in December 2024, the Supreme Court heldthat it also has the power to investigate offences “connected” to the main Scheduled Offence already under investigation — even if it was committed by a separate person not accused in the Scheduled Offence.
- The NIA Act, amended in 2019, lists the offences the agency is empowered to investigate under a schedule. These include offences covered under
- Further, if the Central government believes that a Scheduled Offence has been committed and is to be investigated under the Act, it may, suo motu (on its own), direct the agency.
- NIA cases are tried at NIA courts.
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