NATIONAL INVESTIGATION AGENCY (NIA)

• Primary counter-terrorist task force of India, established after the 26/11 Mumbai attacks.
• Created through the NIA Act, 2008; came into force on 31 December 2008.
• Investigates terror-related offences across states without special permission (with MHA authorization).
• Works under the Ministry of Home Affairs; HQ: New Delhi.

VISION
• Build a professional investigative setup of international standards.
• Create deterrence against terror groups.
• Act as a repository of terrorism-related intelligence.
• Develop a partnership-oriented force with advanced training.

STRUCTURE
• Headed by Director-General (rank equivalent to DGP).
• Officers drawn from IPS, IRS, and CAPFs.
• Specialised Cell: TFFC (Terror Funding & Fake Currency Cell).

JURISDICTION
• Investigates offences listed in the Schedule of NIA Act.
• Can take over cases from state police if:
  – State government requests, or
  – Central government directs.
• Officers enjoy police powers for investigation.
• NIA (Amendment Act), 2019:
  – Allows investigation of offences committed outside India.
  – Special Court in Delhi has jurisdiction for foreign offences.

CAN INVESTIGATE
• Terror attacks, bomb blasts, hijacking.
• Offences involving WMDs, attacks on nuclear facilities.
• Human trafficking linked to terrorism.
• Counterfeit currency networks.
• Cyber terrorism, unlawful arms manufacturing.

SPECIAL NIA COURTS
• Established under Sections 11 & 22 of NIA Act.
• Judges appointed by Central Government in consultation with Chief Justice of HC.
• Powers equivalent to Court of Sessions.
• Appeals lie with High Court (Division Bench).
• Around 38 Special NIA Courts functioning.

AMENDMENTS – 2019
• Extends NIA jurisdiction to:
  – Crimes outside India affecting Indian citizens or interests.
• Allows both Centre and states to designate Special Courts.
• Grants NIA authority equal to police personnel abroad (subject to treaties).

CONSTITUTIONAL DEBATE
• Law & order is a State subject → concerns of federal overreach.
• 2020: Chhattisgarh challenged the Act in Supreme Court.
• US Embassy cable (The Hindu) noted concerns expressed by former HM P. Chidambaram regarding constitutionality.

SUPPORTING FEATURES
• Coordinates with Interpol.
• Assists CVC, ED, and Lokpal in terror-linked financial investigations.

NOTES FOR OPSC EXAM:
• NIA formed after 26/11 due to weaknesses in intelligence and coordination.
• Centralised mechanism ensures uniformity in terror investigations.
• Key differentiator from CBI → deals exclusively with terrorism and related offences.
• Has international jurisdiction after 2019 Amendment.
• Special Courts ensure faster trial of terror cases.

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Subject: Polity

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