Introduction
- NIA is India’s premier federal counter-terrorism law enforcement agency, established after the 26/11 Mumbai attacks.
- It is a statutory body under the NIA Act, 2008.
- Functions under the Ministry of Home Affairs (MHA).
- Has the authority to register cases, investigate, arrest without State Government permission.
Objectives
- Professional investigation of scheduled offences using modern methods.
- Create a comprehensive database on terrorist activities.
- Assist States and other agencies in terror investigations.
Statutory Provisions (NIA Act, 2008)
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- Suo motu powers: Can take up terror cases without state referral.
- Schedule of offences includes:
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- Atomic Energy Act, 1962
- Unlawful Activities (Prevention) Act, 1967
- Anti-Hijacking Act, 1982
- State assistance mandatory: States must cooperate with NIA investigations.
- Connected offences: NIA can probe crimes related to a scheduled offence.
- Cases are tried in NIA Special Courts.
Institutional Framework
- NIA HQ: New Delhi; 18 branch offices.
- Officers enjoy powers similar to State Police.
- Special Courts: Set up by Centre & States for trial of NIA cases; appeals go to State High Court.
NIA vs CBI
| Aspect | NIA | CBI |
| Nature | Statutory (NIA Act, 2008) | Not statutory (Delhi Special Police Establishment Act, 1946) |
| Ministry | Home Affairs | Personnel, Public Grievances & Pensions |
| Mandate | Terrorism-related crimes | Corruption, economic, & organized crime |
| State Consent | Not required | Required (unless ordered by SC/HC) |
NIA (Amendment) Act, 2019
- Expanded Scheduled Offences:
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- Human trafficking
- Counterfeit currency
- Prohibited arms
- Cyber-terrorism
- Explosive substances
- Jurisdiction extended: Can investigate offences outside India (subject to treaties).
- Special Courts: Now can also be designated by State Governments.
Recent Reforms (Post-2019)
- New branches: 10 new offices added.
- New divisions: For Human Trafficking and Cyber Terrorism.
- Autonomy: DG of NIA given more financial powers.
- Increased budget allocation.
- UAPA Amendment: NIA DG can now seize/attach terror-linked property.
Challenges
- Lack of domain experts: No separate cadre; IPS officers dominate.
- Cross-border complexities: E.g., Interpol refusal on Khalistani separatist Pannun.
- Federalism Issues: Kerala & Chhattisgarh challenged NIA Act; WB FIR on NIA officials.
- Overlapping Jurisdiction: With CBI, State police, leading to inefficiency.
- Tech Infrastructure Gap: Needs AI, drones, facial recognition, GPS-based tools.
Suggestions
- Create a dedicated cadre for domain expertise.
- Build an international coordination mechanism for cross-border terrorism cases.
- Clarify jurisdiction with other agencies to prevent overlaps.
- Enhance technology, training, equipment.
Conviction Rate
- As of 2023: 94.7% conviction rate.
- Shows strong prosecution and investigation capabilities despite constraints.