National Investigation Agency (India)

National Investigation Agency (NIA) is a federal agency approved by the Indian Government to combat terror in India. The agency is empowered to deal with terror related crimes across states without special permission from the states. The National Investigation Agency Bill 2008 to create the agency was moved in Parliament by Union Home Minister on 16 December 2008.^[1][2][3] NIA was created after the Nov 2008 Mumbai terror attacks as need for a central agency to combat terrorism was realised.The current Director General is S.C Sinha who succeeded first Director-General of NIA R.V Raju as he retired.

Bill

A Bill for the formation of the much-talked about National Investigation Agency was cleared by Parliament in December 2008. As per the Bill, NIA has concurrent jurisdiction which empowers the Centre to probe terror attacks in any part of the country, covering offences, including challenge to the country's sovereignty and integrity, bomb blasts, hijacking of aircraft and ships, and attacks on nuclear installations.

The ground staff of the agency in the national capital could be drawn from existing central staff and security organisations while in the states, permanent deputation from the state police could be taken. Other than offenses of terrorism, it also deals with counterfeit currency, human trafficking, narcotics or drugs, organised crime (extortion mobs and gangs), plane hijacking and violations of atomic energy act and weapons of mass destruction act.^[4][5]

The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill on Tuesday, 30 Dec, 2008, became a law as President Pratibha Patil gave her assent to the legislation which were passed in the last session of Parliament.

Some of the salient features

• This is applicable to whole of India, citizens of India outside India and persons on ships and aircraft registered in India.

• Officers of the NIA have all powers, privileges and liabilities which the police officers have in connection with investigation of any offence.

• The police officer in charge of a police station on receipt of the report of the offence shall forward it to the state government which in turn will send it to the Centre.

• If the Centre feels the offence is terror related, it shall direct the NIA for investigation.

• Provision for transfer of investigation and trial of offences to state government with Centre's prior approval.

• A state government shall extend all assistance to NIA for investigation of terror-related offences.

• Provisions of the Act with regard to investigation shall not affect powers of the state government to investigate and prosecute any terror crime or other offences.

• The Centre shall constitute special courts for trial of terror-related offences.

• For speedy and fair trial, the Supreme Court may transfer any case pending with the special court to another special court in the same state or any other state, and the High Court may transfer such cases to any other special court within the state.

• Offences punishable with imprisonment for less than three years may be tried summarily.

• Special court to have all powers of the court of sessions under CrPC for trial of any offence under the Act.

• Proceedings to be held 'in camera' if special court deems it necessary.

• Trial to be held on day-to-day basis on all working days and to have precedence over the trial of other offences.

• State governments empowered to constitute one or more special courts.

• No appeal shall be entertained after the expiry of 90 days.

References

External links

• The official website of NIA