National Investigating Agency (NIA): Background, Structure, and Functions

PWOnlyIAS December 07, 2023 01:54 1211 0

NIA (National Investigation Agency), India's premier counter-terrorism agency, investigates and prosecutes offenses, ensuring a terror-free nation.

National Investigating Agency (NIA): Background, Structure, and Functions

Introduction:

The National Investigation Agency (NIA) is the Central Counter Terrorism Law Enforcement Agency of India. It was created after the 2008 Mumbai terror attacks with the enactment of the National Investigation Agency Act 2008.

Background:

Rise of Terrorism: Over the past several years, India has been the victim of large-scale terrorism sponsored from across the borders.
Rise of Insurgent Attacks: There have been innumerable incidents of terrorist attacks, not only in the militancy and insurgency-affected areas and areas affected by Left Wing Extremism but also in the form of terrorist attacks and bomb blasts…
Complex Linkages: A large number of such incidents are found to have complex inter-State and international linkages, and possible connections with other activities like the smuggling of arms and drugs, circulation of fake Indian currency.
Need for Central Agency: Keeping all these in view, it was felt that there was a need to set up an Agency at the Central level to investigate offenses related to terrorism and certain other Acts.
Establishment of NIA: Accordingly the NIA Act was enacted on 31st December 2008 and the National Investigation Agency was born.
Role as Counter Terrorism Agency: Currently, It is functioning as the Central Counter Terrorism Law Enforcement Agency in India.

History:

Date of Establishment: The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by the Parliament of India on 31 December 2008,
President Assent: The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill on 30 December 2008, became law as President Pratibha Patil gave her consent to the legislation
Reason for Establishment: The NIA Act was passed after the deadly 26/11 terror attack in Mumbai.
Need for Revamping Intelligence Structure: Such an attack revealed the failure of intelligence and ability to track such activities thereby establishing the National Investigation Agency.

NIA (Amendment) Bill 2019

Date: The NIA (Amendment) Bill 2019 was passed by the parliament on 17 July 2019.
Increasing Jurisdiction: The Bill aims to give more teeth to the investigating powers of the NIA.
Power to Investigate: It empowers the National Investigation Agency to probe terror attacks and also to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism,
Case-Specific Investigation: This amendment will now also allow the National Investigation Agency to investigate the Sri Lanka Easter Bombings and the Kabul Gurudwara bombing.
Investigate International Offenses: Now, It has the authority to investigate offenses that are committed outside Indian territory subject to international treaties and domestic laws of other nations.

NIA Mission:

Professional Investigation: In-depth professional investigation of scheduled offenses using the latest scientific methods of investigation and setting up such standards as to ensure that all cases entrusted to the NIA are detected.
Result-Oriented Approach: Developing into a thoroughly professional, result-oriented organization, upholding the constitution of India and the Laws of the Land giving prime importance to the protection of Human Rights and the dignity of the individual.
Scientific Temper: Displaying scientific temper and progressive spirit while discharging assigned duties.
Inter-Agency Coordination: Maintaining professional and cordial relations with the governments of States and Union Territories and other law enforcement agencies in compliance with the legal provisions of the National Investigation Agency Act.
State-Friendly Approach: Assist all States and other investigating agencies in the investigation of terrorist cases.
In-Dept Examination of Laws: Study and analyze laws relating to terrorism in other countries and regularly evaluate the adequacy of existing laws in India and propose changes as and when necessary.

Structure:

Parent Ministry: The NIA functions under the Ministry of Home Affairs.
Headquarters: The agency is headquartered in New Delhi and has 8 regional offices across India.
Head of the Organisation: It is headed by a Director-General (an IPS officer).
Most Wanted List: It maintains the ‘NIA Most Wanted List’.
Regional Offices: The National Investigation Agency has Regional Offices at;
- NIA Hyderabad
- NIA Guwahati
- NIA Kochi
- NIA Lucknow
- NIA Mumbai
- NIA Kolkata
- NIA Raipur
- NIA Jammu

Functions:

Function	Description
Scheduled Offenses	The National Investigation Agency is constituted to investigate and prosecute offenses under the various provisions mentioned in the NIA Act 2008.
Confidential Data Sharing:	However it also shares critical and confidential information records with other security agencies like RAW and law enforcement units.
Investigation of Terrorist-related Activities	It is responsible for investigating and prosecuting terrorist activities across the country.
Counter-terrorism Operations	The agency conducts counter-terrorism operations to prevent terrorist-related activities.
International cooperation	It collaborates with global law enforcement agencies to deal with transnational terrorism-related issues.
Money laundering and financing of terrorism	It investigates cases related to money laundering and the financing of terrorist activities.
Witness Protection	The agency ensures the safety and security of witnesses involved in terrorism-related cases.
Capacity Building:	It focuses on building the capacity of law enforcement agencies and enhancing their skills to effectively combat terrorism.

Performance so far:

High Conviction Rate: NIA has more than 90 percent conviction rate.
Zero Tolerance against Terrorism: It has a very important role to play in fulfilling the Prime Minister’s goal of a terror-free India and Zero Tolerance Against Terrorism.
Inspiration for Other Agencies: It investigates crimes where it is difficult to gather evidence, hence an inspiration for the police and all anti-terrorism agencies of the country.
Human Rights Safeguard: Complete eradication of terrorism is very important to protect human rights, It should work determinedly to end terrorism.
Jammu and Kashmir Terrorism: Battling terrorists in Jammu and Kashmir is an important aspect and NIA aims to demolish its terror funding systems.
Destroying Sleeper Cells: It has registered several cases against the ground workers in Jammu and Kashmir and has done well in destroying their sleeper cells.
Declaring Individuals as Terrorists: Now for the first time NIA has the authority to declare organizations as well as individuals as terrorists and so far 36 persons have been declared terrorists.

Major Suggestions by Home Ministry:

Data-Driven Approach: There should be major changes in investigation methodology, it should no longer depend on Third Degree methods and instead on technology, data, and information
Need for a Centralised Database: There should be a database to bring about this change in the anti-terrorism approach.
Focusing on 7 pillars: NIA has been given the task of creating a national database in seven areas
- narcotics, hawala transactions, arms smuggling, counterfeit currencies, bomb blasts, terror funding, and terrorism, and work has begun on a good note
Improve Inter-Agency Coordination: The need is for sharing of all terrorism-related information with police and agencies of all States, strengthen anti-terror laws,
Increase Power discretion: Give power to anti-terrorist institutions and the aim should be for 100 percent conviction in terror cases.

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Frequently Asked Questions

The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by the Parliament of India on 31 December 2008,

The National Investigation Agency Act was passed after the deadly 26/11 terror attack in Mumbai. Such an attack revealed the failure of intelligence and ability to track such activities thereby establishing the NIA.

The National Investigation Agency is a central counter-terrorism agency functioning under the Ministry of Home Affairs, Government of India.

The 2019 Act empowers the NIA to probe terror attacks and also to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism, Now, It has the authority to investigate offenses that are committed outside Indian territory subject to international treaties and domestic laws of other nations.

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National Investigating Agency (NIA): Background, Structure, and Functions

Introduction:

Background:

History:

NIA Mission:

Structure:

Functions:

Performance so far:

Major Suggestions by Home Ministry:

Frequently Asked Questions

When was the National Investigation Agency established?

Why was NIA established?

Under which Ministry does the NIA function?

What new provisions are added under the NIA Amendment Act 2019?

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