Context
Union Home Minister Amit Shah inaugurated the Annual Anti-Terror Conference organized by the National Investigation Agency (NIA) in New Delhi. The two-day conclave brings together operational forces, technical experts, and central agencies to formulate a cohesive defense against national security threats.
What is the Event?
- Organizer: National Investigation Agency (NIA), under the Ministry of Home Affairs.
- Chairperson: Union Home Minister.
- Participants: Senior police officers from States, Central agencies (IB, RAW), and experts in law, forensics, and technology.
- Objective: To serve as a unified platform for operational forces and technical experts to deliberate on national security and emerging terror threats.
Key Focus Areas:-
1. Terror Financing: Disrupting financial networks by analysing new tools and case learnings (aligning with global standards like FATF).
2.Hybrid Threats: Addressing non-traditional security challenges, including espionage and cyber-warfare.
3.Digital Forensics: Enhancing capabilities in data analysis and collecting evidence from foreign jurisdictions.
4. Radicalization: Strategies to counter online propaganda and recruitment.
About National Investigation Agency (NIA):-
- Genesis: Established under the NIA Act, 2008, enacted in the wake of the 26/11 Mumbai terror attacks.
- Core Mandate: To investigate and prosecute offences affecting India’s sovereignty, security, integrity, friendly relations with foreign states, and international treaties.
- Leadership: Headed by a Director-General (DG), an officer of the Indian Police Service (IPS).
- Structure: Headquartered in New Delhi. The agency has expanded to include 18 Branch Offices across the country (originally included zonal offices in Guwahati & Jammu).
How extensive is the Jurisdiction & Power?
- Territorial Reach: Extends to the whole of India.
- Extra-Territorial Jurisdiction: Applies to:
- Citizens of India outside the country.
- Persons in government service globally.
- Persons on ships and aircraft registered in India.
- Individuals committing scheduled offences beyond India that affect Indian interests.
- Investigative Authority: The Central Government can suo motu direct the NIA to investigate if a Scheduled Offence is committed.
- Prosecution: Cases are tried in specially designated NIA Special Courts.
NIA (Amendment) Act, 2019 :-
- Expanded Schedule of Offences: The amendment added the following to the NIA’s investigative scope:
- Human Trafficking.
- Counterfeit currency or bank notes.
- Manufacture or sale of prohibited arms.
- Cyber-terrorism.
- Offences under the Explosive Substances Act, 1908.
- Global Investigation: Empowered the NIA to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of the foreign nation.
- Special Courts: Allowed the Central and State Governments to designate Sessions Courts as Special Courts for the trial of scheduled offences.
Recent Capacity Building measures:-
- Specialized Divisions: Establishment of two new divisions at HQ:
- Human Trafficking.
- Cyber Terrorism, Explosives, and Prohibited Arms.
- UAPA Amendment (2019): Empowered the DG, NIA to seize/attach properties representing proceeds of terrorism.
- Financial Autonomy: Financial powers delegated to the DG for engaging consultants and experts; consistent increase in fund allocation since 2019-20.
Q. With respect to the National Investigation Agency (NIA), consider the following statements:
1. The NIA was constituted under the NIA Act, 2008, in the aftermath of the Mumbai terror attacks.
2. The agency has the authority to investigate scheduled offenses committed outside India affecting the interests of India.
3. State Police forces are barred from investigating scheduled offenses once the NIA takes cognisance of a case.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2, and 3
Answer: A
Explanation:
Statement 1 is correct: The NIA was established following the 2008 Mumbai attacks under the NIA Act, 2008.
Statement 2 is correct: The NIA (Amendment) Act, 2019 empowers the agency to investigate offenses committed outside India.
Statement 3 is incorrect: While the NIA takes over specific cases, State Police forces are not "barred" from investigating scheduled offenses in general; they share concurrent jurisdiction until a specific case is transferred to the NIA.