Jump to content

National Investigation Agency: Difference between revisions

From Wikipedia, the free encyclopedia
Browse history interactively
← Previous edit
Content deleted Content added
VisualWikitext
Fixed some spelling issues and stuff. All good now.
 
(47 intermediate revisions by 37 users not shown)
Line 1: Line 1:
{{short description|Federal investigative agency in India}}
{{Short description|Federal investigation agency in Scranton, PA.}}
{{Use dmy dates|date=September 2017}}
{{Use dmy dates|date=June 2024}}
{{Use Indian English|date=August 2016}}
{{Use Indian English|date=August 2016}}
{{Infobox law enforcement agency
{{Infobox law enforcement agency
Line 6: Line 6:
| nativename =
| nativename =
| nativenamea = {{lang|hi|राष्ट्रीय अन्वेषण अभिकरण}}|
| nativenamea = {{lang|hi|राष्ट्रीय अन्वेषण अभिकरण}}|
| logo = [[File:National Investigation Agency India logo.png|200px]]
| logo = [[File:National Investigation Agency India logo.png|100px]]
| logocaption = Seal of NIA
| logocaption = Seal of NIA
| badge =
| badge =
Line 16: Line 16:
| mottotranslated =
| mottotranslated =
| mission =
| mission =
| formed = 2009<ref>[http://indiatoday.intoday.in/story/nia-officer-mohammed-tanzil-shot-dead-as-children-watched/1/634422.html NIA officer Mohammed Tanzil shot dead as children watched] "Ahmad, who has been with the NIA ever since the organisation was formed in February 2009..."</ref>
| formed = {{start date and age|2009|df=y|p=y}}<ref>[http://indiatoday.intoday.in/story/nia-officer-mohammed-tanzil-shot-dead-as-children-watched/1/634422.html NIA officer Mohammed Tanzil shot dead as children watched] "Ahmad, who has been with the NIA ever since the organization was formed in February 2009..."</ref>
| preceding1 =
| preceding1 =
| employees = 649<ref name="timesofindia.indiatimes.com">{{cite news |url=http://timesofindia.indiatimes.com/india/With-shoe-string-budget-NIA-poorly-equipped-for-counterterrorism/articleshow/45069344.cms |title=With shoe-string budget, NIA poorly equipped for counterterrorism |date=2014-11-07 |access-date=2016-07-25 |newspaper=Times of India |archive-date=29 August 2017 |archive-url=https://web.archive.org/web/20170829054526/http://timesofindia.indiatimes.com/india/With-shoe-string-budget-NIA-poorly-equipped-for-counterterrorism/articleshow/45069344.cms |url-status=dead }}</ref>
| employees = 649<ref name="timesofindia.indiatimes.com">{{cite news |url=http://timesofindia.indiatimes.com/india/With-shoe-string-budget-NIA-poorly-equipped-for-counterterrorism/articleshow/45069344.cms |title=With shoe-string budget, NIA poorly equipped for counterterrorism |date=2014-11-07 |access-date=2016-07-25 |newspaper=The Times of India |archive-date=29 August 2017 |archive-url=https://web.archive.org/web/20170829054526/http://timesofindia.indiatimes.com/india/With-shoe-string-budget-NIA-poorly-equipped-for-counterterrorism/articleshow/45069344.cms |url-status=dead }}</ref>
| volunteers =
| volunteers =
| budget = {{INRConvert|182|c}}<br /><small>(2021–22 est.)<ref>https://www.indiabudget.gov.in/doc/eb/sbe50.pdf {{Bare URL PDF|date=March 2022}}</ref>
| budget = {{INRConvert|200.53|c}}<br /><small>(2023–24 est.)</small><ref>{{cite web|title=Notes on Demands for Grants, 2023-2024
|url=https://www.indiabudget.gov.in/doc/eb/sbe50.pdf|website=indiabudget.gov.in}}</ref>
| country = India
| country = India
| federal = Yes
| federal = Yes
| map =
| map =
| mapcaption =
| mapcaption =
| sizearea =
| sizearea = {{convert|3287263|km2|sqmi}}
| sizepopulation =
| sizepopulation = 1,428,627,663
| legaljuris = India
| legaljuris = India
| governingbody = Ministry of Home Affairs, Government of India
| governingbody = Ministry of Home Affairs, Government of India
| governingbodyscnd =
| governingbodyscnd =
| constitution1 = [https://www.indiacode.nic.in/handle/123456789/2054?sam_handle=123456789/1362 National Investigation Agency Act, 2008]
| constitution1 =
| restriction =
| restriction =
| overviewtype =
| overviewtype =
Line 46: Line 47:
| minister1name = [[Amit Shah]]
| minister1name = [[Amit Shah]]
| minister1pfo = [[Minister of Home Affairs (India)|Minister of Home Affairs]]
| minister1pfo = [[Minister of Home Affairs (India)|Minister of Home Affairs]]
| chief1name = Dinkar Gupta, [[Indian Police Service|IPS]]
| chief1name = Shri [[Sadanand Date]], [[Indian Police Service|IPS]]
| chief1position = [[Director General of Police|{{small|Director General}}]]
| chief1position = [[Director General of Police|{{small|Director General}}]]
| child1agency =
| child1agency =
Line 71: Line 72:
| anniversary1 =
| anniversary1 =
| award1 =
| award1 =
| website = {{Official url}}
| website = {{Official URL}}
| footnotes =
| footnotes =
}}
}}
The '''National Investigation Agency''' ('''NIA''') is a specialized [[counter-terrorism]] [[law enforcement agency]] in India.<ref>{{Cite news|url=https://economictimes.indiatimes.com/news/defence/nia-to-have-new-hq-complex-on-tuesday/articleshow/60993539.cms|title=NIA to have new HQ complex on Tuesday|newspaper=The Economic Times}}</ref> The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the [[Ministry of Home Affairs (India)|Ministry of Home Affairs]]. The primary mandate of the National Investigation Agency is to investigate and prosecute offences that have national and cross-border implications, specifically focusing on terrorism, insurgency, and other related matters. It is empowered to investigate cases that involve threats to the sovereignty, security, and integrity of India. It has the authority to conduct searches, make seizures and arrests, as well as to collect evidence and maintain a database of [[terrorist organisations]] and their members.<ref name="aboutus"/><ref name="Act"/>
⚫
The '''National Investigation Agency''' ('''NIA''') is the primary [[Counter-terrorism|counter-terrorist]] task force of [[India]].<ref>{{Cite news|url=https://economictimes.indiatimes.com/news/defence/nia-to-have-new-hq-complex-on-tuesday/articleshow/60993539.cms|title=NIA to have new HQ complex on Tuesday|newspaper=The Economic Times}}</ref> The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the [[Ministry of Home Affairs (India)|Ministry of Home Affairs]]. The Agency came into existence with the enactment of the National Investigation Agency Act 2008 by the [[Parliament of India]] on 31 December 2008, which 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 by existing agencies in India, hence the [[government of India]] realized the need of a specific body to deal with terror related activities in [[India]], thereby establishing the NIA.<ref name="aboutus">{{cite web|title=National Investigation Agency: About Us|url=http://www.nia.gov.in/aboutus.aspx|publisher=National Investigation Agency|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130708104808/http://www.nia.gov.in/aboutus.aspx|archive-date=8 July 2013|url-status=dead}}</ref><ref>{{cite web|author=TNN 16 Dec 2008, 12.04am IST |url=http://articles.timesofindia.indiatimes.com/2008-12-16/india/27904311_1_special-anti-terror-law-nia-terror-related |archive-url=https://web.archive.org/web/20121022154006/http://articles.timesofindia.indiatimes.com/2008-12-16/india/27904311_1_special-anti-terror-law-nia-terror-related |url-status=dead |archive-date=2012-10-22 |title=Finally, govt clears central terror agency, tougher laws |date=2008-12-16 |work=[[The Times of India]] |access-date=2013-09-28}}</ref><ref>{{cite web |url=http://www.ndtv.com/convergence/ndtv/mumbaiterrorstrike/Story.aspx?ID=NEWEN20080076587&type=News |title=Cabinet clears bill to set up federal probe agency |publisher=Ndtv.com |access-date=2012-12-09 |url-status=dead |archive-url=https://web.archive.org/web/20130508110740/http://www.ndtv.com/convergence/ndtv/mumbaiterrorstrike/Story.aspx?ID=NEWEN20080076587&type=News |archive-date=8 May 2013 |df=dmy-all }}</ref><ref>{{cite web|author=PTI 16 Dec 2008, 07.40pm IST |url=http://articles.timesofindia.indiatimes.com/2008-12-16/india/27918792_1_terror-act-mumbai-terror-attacks-terror-related |archive-url=https://web.archive.org/web/20121022154025/http://articles.timesofindia.indiatimes.com/2008-12-16/india/27918792_1_terror-act-mumbai-terror-attacks-terror-related |url-status=dead |archive-date=2012-10-22 |title=Govt tables bill to set up National Investigation Agency |date=2008-12-16 |work=[[The Times of India]] |access-date=2013-09-28}}</ref> Headquartered in [[New Delhi]], the NIA has branches in [[Hyderabad]], [[Guwahati]], [[Kochi]], [[Lucknow]], [[Mumbai]], [[Kolkata]], [[Raipur]], [[Jammu]], [[Chandigarh]], [[Ranchi]], [[Chennai]] and [[Imphal]].<ref>{{cite web|url=https://nia.gov.in/branch-office.htm |title=Branch Offices |publisher=National Investigation Agency}}</ref> It maintains the [[NIA Most Wanted]] list.


⚫
The agency came into existence with the enactment of the ''National Investigation Agency Act 2008'' by the [[Parliament of India]] on 31 December 2008, which 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 by existing agencies in India, hence the [[Government of India]] realised the need for a specific body to deal with terror related activities in [[India]], thereby establishing the NIA.<ref name="aboutus">{{cite web|title=National Investigation Agency: About Us|url=http://www.nia.gov.in/aboutus.aspx|publisher=National Investigation Agency|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130708104808/http://www.nia.gov.in/aboutus.aspx|archive-date=8 July 2013|url-status=dead}}</ref><ref>{{cite web|author=TNN |url=http://articles.timesofindia.indiatimes.com/2008-12-16/india/27904311_1_special-anti-terror-law-nia-terror-related |archive-url=https://web.archive.org/web/20121022154006/http://articles.timesofindia.indiatimes.com/2008-12-16/india/27904311_1_special-anti-terror-law-nia-terror-related |url-status=dead |archive-date=2012-10-22 |title=Finally, govt clears central terror agency, tougher laws |date=2008-12-16 |work=[[The Times of India]] |access-date=2013-09-28}}</ref><ref>{{cite web |url=http://www.ndtv.com/convergence/ndtv/mumbaiterrorstrike/Story.aspx?ID=NEWEN20080076587&type=News |title=Cabinet clears bill to set up federal probe agency |publisher=Ndtv.com |access-date=2012-12-09 |url-status=dead |archive-url=https://web.archive.org/web/20130508110740/http://www.ndtv.com/convergence/ndtv/mumbaiterrorstrike/Story.aspx?ID=NEWEN20080076587&type=News |archive-date=8 May 2013 }}</ref><ref>{{cite web|author=PTI |url=http://articles.timesofindia.indiatimes.com/2008-12-16/india/27918792_1_terror-act-mumbai-terror-attacks-terror-related |archive-url=https://web.archive.org/web/20121022154025/http://articles.timesofindia.indiatimes.com/2008-12-16/india/27918792_1_terror-act-mumbai-terror-attacks-terror-related |url-status=dead |archive-date=2012-10-22 |title=Govt tables bill to set up National Investigation Agency |date=2008-12-16 |work=[[The Times of India]] |access-date=2013-09-28}}</ref> Headquartered in [[New Delhi]], the NIA has branches in [[Hyderabad]], [[Guwahati]], [[Kochi]], [[Lucknow]], [[Mumbai]], [[Kolkata]], [[Raipur]], [[Jammu]], [[Chandigarh]], [[Ranchi]], [[Chennai]] and [[Imphal]].<ref>{{cite web|url=https://nia.gov.in/branch-office.htm |title=Branch Offices |publisher=National Investigation Agency}}</ref> It maintains the [[NIA Most Wanted]] list. Its functioning and effectiveness have also been subject to scrutiny, with debates regarding its jurisdiction, accountability, and coordination with other agencies.

⚫
The founding Director-General of NIA was [[Radha Vinod Raju]], and he served until 31 January 2010.<ref name="dhfeb10">{{cite news|title=Sharad Chandra Sinha new NIA chief|url=http://www.deccanherald.com/content/51872/F|access-date=11 July 2013|newspaper=Deccan Herald|date=February 2010}}</ref><ref>{{cite web|url=http://www.jagranjosh.com/current-affairs/sc-sinha-appointed-director-general-of-nia-1287983712-1 |title=S.C. Sinha- Appointed Director General of NIA |date=25 October 2010 |publisher=Jagranjosh.com |access-date=2012-12-09}}</ref> Currently [[Sadanand Date]] serves as its Director-General since 1 April 2024.
[[File:NIA Headquarters in New Delhi.jpg|thumb|251x251px|NIA headquarters in New Delhi]]
[[File:NIA Headquarters in New Delhi.jpg|thumb|251x251px|NIA headquarters in New Delhi]]


== Organisation ==
⚫
The founding Director-General of NIA was [[Radha Vinod Raju]], and he served until 31 January 2010.<ref name="dhfeb10">{{cite news|title=Sharad Chandra Sinha new NIA chief|url=http://www.deccanherald.com/content/51872/F|access-date=11 July 2013|newspaper=Deccan Herald|date=February 2010}}</ref><ref>{{cite web|url=http://www.jagranjosh.com/current-affairs/sc-sinha-appointed-director-general-of-nia-1287983712-1 |title=S.C. Sinha- Appointed Director General of NIA |date=25 October 2010 |publisher=Jagranjosh.com |access-date=2012-12-09}}</ref> Currently Dinkar Gupta serves as its Director-General since 28 June 2022.<ref>{{Cite web |date=2022-06-23 |title=IPS officer Dinkar Gupta appointed NIA chief |url=https://indianexpress.com/article/cities/chandigarh/senior-ips-officer-dinkar-gupta-nia-chief-7987174/ |access-date=2022-06-29 |website=The Indian Express |language=en}}</ref><ref>{{Cite web |agency=Press Trust of India |title=Dinkar Gupta takes charge as NIA chief |url=https://www.greaterkashmir.com/india/dinkar-gupta-takes-charge-as-nia-chief |access-date=2022-06-29 |website=Greater Kashmir |language=en}}</ref>
NIA is headed by a Director General, who is an [[Indian Police Service|IPS]] officer and has the rank of [[Director general of police|Director General of Police]]. NIA is headquartered in [[New Delhi]]. The Director General of the NIA is assisted by Special/Additional Directors General (ADGs) and Inspectors General (IGs). There are branch offices across the country to ensure nationwide coverage and coordination in counter-terrorism and other national security-related investigations. Senior officers are appointed through deputation from the [[Indian Police Service]] (IPS) or the Indian Revenue Service (IRS). Conversely, subordinate personnel are selected directly via the [[Staff Selection Commission]] (SSC) or through deputation from various [[State Police Services|State Police]] forces.<ref>{{Cite web |title= |url=https://www.nia.gov.in/about-us.htm}}</ref>

== Bill ==

⚫
A bill for the formation of the National Investigation Agency was passed by Parliament in December 2008. As per the bill, NIA has concurrent jurisdiction which empowers the Central Agency 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, attacks on nuclear installations. The amendments to the NIA Act have brought the offences relating to the smuggling in High-Quality Counterfeit Indian Currency under the definition of a terrorist act aimed at damaging the monetary stability of the country and therefore can be investigated by the NIA.


== Legal basis ==
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.
⚫
A bill for the formation of the National Investigation Agency was passed by Parliament in December 2008. As per the legislation, NIA has concurrent jurisdiction which empowers the Central Agency to probe terror attacks in any part of the country, covering offences including challenges to the country's sovereignty and integrity, bomb blasts, hijacking of aircraft and ships and attacks on nuclear installations. The amendments to the NIA Act have brought offences relating to the smuggling in high-quality counterfeit Indian currency under the definition of a terrorist act aimed at damaging the monetary stability of the country and therefore open to investigation by the NIA.<ref>{{cite news |last=Ramkumar |first=Justice V. |title=Power of The "N.I.A. Special Court" To Tender Pardon to an Accomplice |url=https://www.livelaw.in/columns/power-of-nia-special-court-to-tender-pardon-to-an-accomplice-195668 |url-access=subscription |access-date=15 May 2024 |work=livelaw.in |date=3 April 2022}}</ref>


The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill on Tuesday, 30 December 2008, became a law as [[President of India|President]] [[Pratibha Patil]] gave her assent to the legislation which was passed in the last session of the parliament.
The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill became law on 30 December 2008 as [[President of India|President]] [[Pratibha Patil]] gave her assent to the legislation which was passed in the last session of the parliament.<ref>{{cite news |last=Naved |first=Sarim |title=Between the NIA Amendment and Now UAPA, the Squeeze on Human Rights is On |url=https://thewire.in/government/the-centre-wants-to-give-the-nia-more-powers-but-it-wont-explain-why |access-date=15 May 2024 |work=[[The Wire (India)|The Wire]] |date=24 July 2019}}</ref>


== NIA (Amendment) Bill 2019 ==
== NIA (Amendment) Bill 2019 ==
The NIA (Amendment) Bill 2019 was passed by the parliament on 17 July 2019. The Bill aims to give more teeth to the investigating powers of the NIA. It empowers the NIA to probe terror attacks targeting Indians and Indian interests abroad.<ref>{{Cite news |url=https://www.indiatoday.in/india/story/parliament-approves-bill-to-give-nia-more-teeth-1570596-2019-07-17 |title=Parliament approves Bill to give NIA more teeth |agency=Press Trust of India New Delhi |date=17 July 2019 |newspaper=India Today |language=en |access-date=2019-07-29}}</ref> The amended legislation, which aims to primarily empower the anti-terror agency to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism, was passed with a majority of 278 votes in favour and six against in the [[Lok Sabha]]. It was also passed in the [[Rajya Sabha]] after those opposed to it staged a walkout.<ref>{{Cite web|url=https://theleaflet.in/the-nia-amendment-bill-2019-a-brief-explainer/|title=The NIA (Amendment) Bill 2019 - a brief explainer|date=2019-07-19|website=The Leaflet|language=en|access-date=2019-07-29}}</ref> This amendment will now also allow NIA to investigate the [[2019 Sri Lanka Easter bombings|Sri Lanka Easter Bombings]] and [[Kabul gurdwara attack|Kabul Gurudwara bombing.]]<ref>{{Cite web|url=https://www.newindianexpress.com/nation/2020/apr/01/nia-to-probe-terror-attack-on-gurdwara-in-afghanistan-first-overseas-case-registered-by-agency-2124452.html|title=NIA to probe terror attack on gurdwara in Afghanistan; first overseas case registered by agency|date=2020-04-01|website=The New Indian Express|language=en|access-date=2020-04-27}}</ref>
The NIA (Amendment) Bill 2019 was passed by the parliament on 17 July 2019. The Bill aims to give more teeth to the investigating powers of the NIA. It empowers the NIA to probe terror attacks targeting Indians and Indian interests abroad.<ref>{{Cite news |url=https://www.indiatoday.in/india/story/parliament-approves-bill-to-give-nia-more-teeth-1570596-2019-07-17 |title=Parliament approves Bill to give NIA more teeth |agency=Press Trust of India New Delhi |date=17 July 2019 |newspaper=India Today|access-date=2019-07-29}}</ref> The amended legislation, which aims to primarily empower the anti-terror agency to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism, was passed with a majority of 278 votes in favour and six against in the [[Lok Sabha]]. It was also passed in the [[Rajya Sabha]] after those opposed to it staged a walkout.<ref>{{Cite web|url=https://theleaflet.in/the-nia-amendment-bill-2019-a-brief-explainer/|title=The NIA (Amendment) Bill 2019 – a brief explainer|date=2019-07-19|website=The Leaflet|access-date=2019-07-29}}</ref> This amendment will now also allow NIA to investigate the [[2019 Sri Lanka Easter bombings|Sri Lanka Easter Bombings]] and [[Kabul gurdwara attack|Kabul Gurudwara bombing.]]<ref>{{Cite web|url=https://www.newindianexpress.com/nation/2020/apr/01/nia-to-probe-terror-attack-on-gurdwara-in-afghanistan-first-overseas-case-registered-by-agency-2124452.html|title=NIA to probe terror attack on gurdwara in Afghanistan; first overseas case registered by agency|date=2020-04-01|website=The New Indian Express|access-date=2020-04-27}}</ref>


==Vision==
==Vision==
Agency aims to be a thoroughly professional investigative agency matching the best international standards. It aims to set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce. It also aims at creating deterrence for existing and potential terrorist groups/individuals. It aims to develop as a storehouse of all terrorist related information.<ref name=vision-mission>{{cite web|title=Vision and Mission|url=http://www.nia.gov.in/mission.aspx|publisher=National Investigation Agency|access-date=2012-12-09}}</ref>
The organisation aims to be a thoroughly professional investigative agency matching the best international standards. It aims to set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce. It also aims at creating deterrence for existing and potential terrorist groups/individuals. It aims to develop as a storehouse of all terrorist related information.<ref name=vision-mission>{{cite web|title=Vision and Mission|url=http://www.nia.gov.in/mission.aspx|publisher=National Investigation Agency|access-date=2012-12-09}}</ref>


==Jurisdiction==
==Jurisdiction==
The Agency has been empowered to conduct investigation and prosecution of offences under the Acts specified in the Schedule of the NIA Act.<ref name="Act">{{cite web|title=National Investigation Agency Act 2008|url=http://www.nia.gov.in/acts/The_National_Investigation_Agency_Act_2008.pdf|publisher=National Investigation Agency|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130504190202/http://www.nia.gov.in/acts/The_National_Investigation_Agency_Act_2008.pdf|archive-date=4 May 2013|url-status=dead}}</ref> A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act. Central Government can also order NIA to take over investigation of any scheduled offense anywhere in the India. Officers of the NIA who are drawn from the [[Indian Police Service]] and [[Indian Revenue Service]] have all powers, privileges and liabilities which the police officers have in connection with investigation of any offense.<ref name="faq">{{cite web|title=Frequently Asked Questions|url=http://www.nia.gov.in/faqs.aspx|publisher=National Investigation Agency|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130704230323/http://www.nia.gov.in/faqs.aspx|archive-date=4 July 2013|url-status=dead}}</ref>
The Agency has been empowered to conduct investigation and prosecution of offences under the Acts specified in the Schedule of the NIA Act.<ref name="Act">{{cite web|title=National Investigation Agency Act 2008|url=http://www.nia.gov.in/acts/The_National_Investigation_Agency_Act_2008.pdf|publisher=National Investigation Agency|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130504190202/http://www.nia.gov.in/acts/The_National_Investigation_Agency_Act_2008.pdf|archive-date=4 May 2013|url-status=dead}}</ref> A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act. The Central Government can also order NIA to take over investigation of any scheduled offence anywhere in the India. Officers of the NIA who are drawn from the [[Indian Police Service]] and [[Indian Revenue Service]] have all powers, privileges and liabilities which police officers have in connection with investigation of any offence.<ref name="faq">{{cite web|title=Frequently Asked Questions|url=http://www.nia.gov.in/faqs.aspx|publisher=National Investigation Agency|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130704230323/http://www.nia.gov.in/faqs.aspx|archive-date=4 July 2013|url-status=dead}}</ref>


In 2016 Home Minister Rajnath Singh wanted to end the central agency's dependence on approval from state police chiefs before confiscating or attaching assets of people accused of crime.<ref>{{Cite news|url=https://www.hindustantimes.com/india-news/govt-wants-more-power-for-nia-move-could-eat-into-states-rights/story-KofQMGLgpWYfL2BHePO7SM.html|title=Govt wants more power for NIA, move could eat into states' rights 00:29 IST|last=Tikku|first=Aloke|date=22 Dec 2016|work=[[Hindustan Times]]|access-date=8 Feb 2019|archive-url=https://archive.today/20190208170606/https://www.hindustantimes.com/india-news/govt-wants-more-power-for-nia-move-could-eat-into-states-rights/story-KofQMGLgpWYfL2BHePO7SM.html|archive-date=8 February 2019|url-status=dead|language=en}}</ref>
In 2016, Home Minister [[Rajnath Singh]] wanted to end the central agency's dependence on approval from state police chiefs before confiscating or attaching assets of people accused of crime.<ref>{{Cite news|url=https://www.hindustantimes.com/india-news/govt-wants-more-power-for-nia-move-could-eat-into-states-rights/story-KofQMGLgpWYfL2BHePO7SM.html|title=Govt wants more power for NIA, move could eat into states' rights 00:29 IST|last=Tikku|first=Aloke|date=22 December 2016|work=[[Hindustan Times]]|access-date=8 February 2019|archive-url=https://archive.today/20190208170606/https://www.hindustantimes.com/india-news/govt-wants-more-power-for-nia-move-could-eat-into-states-rights/story-KofQMGLgpWYfL2BHePO7SM.html|archive-date=8 February 2019|url-status=dead}}</ref>


The National Investigation Agency (Amendment) Act, 2019 states that, officers of the NIA will have the power to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries.&nbsp;The central government may direct the NIA to investigate such cases, as if the offence has been committed in India. The Special Court in New Delhi will have jurisdiction over these cases.<ref>{{Cite news|title=Amended NIA Act with powers to probe abroad comes into force|work=The Economic Times|url=https://economictimes.indiatimes.com/news/defence/amended-nia-act-with-powers-to-probe-abroad-comes-into-force/articleshow/70498926.cms|access-date=2020-08-13}}</ref>
The National Investigation Agency (Amendment) Act, 2019 states that, officers of the NIA will have the power to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries.&nbsp;The central government may direct the NIA to investigate such cases, as if the offence has been committed in India. The Special Court in New Delhi will have jurisdiction over these cases.<ref>{{Cite news|title=Amended NIA Act with powers to probe abroad comes into force|work=The Economic Times|url=https://economictimes.indiatimes.com/news/defence/amended-nia-act-with-powers-to-probe-abroad-comes-into-force/articleshow/70498926.cms|access-date=2020-08-13}}</ref>


==Special NIA Courts==
==Special NIA Courts==
Various Special Courts have been notified by the Central Government of India for trial of the cases registered at various police stations of NIA under Section 11 and 22 of the NIA Act 2008. Any question as to the jurisdiction of these courts is decided by the Central Government. These are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region. [[Supreme Court of India]] has also been empowered to transfer the cases from one special court to any other special court within or outside the state if the same is in the interest of justice in light of the prevailing circumstances in any particular state. The NIA Special Courts are empowered with all powers of the court of sessions under [[Code of Criminal Procedure, 1973]] for trial of any offense.<ref name=Act />
Various Special Courts have been established by the Central Government of India for trial of the cases registered at various police stations of NIA under Section 11 and 22 of the NIA Act 2008. Any question as to the jurisdiction of these courts is decided by the Central Government. These are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region. The [[Supreme Court of India]] has also been empowered to transfer the cases from one special court to any other special court within or outside the state if in the interest of justice in light of the prevailing circumstances in any particular state. The NIA Special Courts are empowered with all powers of the court of sessions under [[Code of Criminal Procedure, 1973]] for trial of any offence.<ref name=Act />


Trial by this courts are held on day-to-day basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and have to be concluded in preference to the trial of such other case. An appeal from any judgement, sentence or order, not being an interlocutory order, of a Special Court lies to the High Court both on [[Question of fact|facts]] and on [[Question of law|law]]. Such an appeal can be heard by a division bench of two Judges of the High Court. At present there are 38 Special NIA Courts.<ref name=courts>{{cite web|title=National Investigation Agency - Courts|url=http://www.nia.gov.in/niasplcourts.aspx|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130605153852/http://www.nia.gov.in/niasplcourts.aspx|archive-date=5 June 2013|url-status=dead}}</ref> State Governments have also been empowered to appoint one or more such special courts in their states.<ref name=Act />
Trial by these courts are held on a day-to-day basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and have to be concluded in preference to the trial of such other case. An appeal from any judgement, sentence or order, not being an interlocutory order, of a Special Court lies to the High Court both on [[Question of fact|facts]] and on [[Question of law|law]]. Such an appeal can be heard by a division bench of two Judges of the High Court. At present there are 38 Special NIA Courts.<ref name=courts>{{cite web|title=National Investigation Agency – Courts|url=http://www.nia.gov.in/niasplcourts.aspx|access-date=16 June 2013|archive-url=https://web.archive.org/web/20130605153852/http://www.nia.gov.in/niasplcourts.aspx|archive-date=5 June 2013|url-status=dead}}</ref> State Governments have also been empowered to appoint one or more such special courts in their states.<ref name=Act />


== Recent success of NIA ==
== Recent success of NIA ==


=== Individual terrorists ===
=== Individual terrorists ===
In year 2012, NIA with the assistance of [[Interpol]] and [[Saudi Intelligence]] agencies has successfully arrested terrorists namely: [[Abu Jundal]] alias ''Abu Hamza'', (Indian national), ''Fasih Mohammad'' and [[Yaseen Bhatkal]] ([[Indian Mujahideen]]).<ref>{{cite web |url=http://www.hindustantimes.com/India-news/NewDelhi/Terror-suspect-Fasih-Mohammed-extradited-arrested-reports/Article1-948380.aspx |title=Saudi sends IM terror suspect back to India |publisher=Hindustan Times |access-date=2013-09-28 |url-status=dead |archive-url=https://web.archive.org/web/20130513154938/http://www.hindustantimes.com/India-news/NewDelhi/Terror-suspect-Fasih-Mohammed-extradited-arrested-reports/Article1-948380.aspx |archive-date=13 May 2013 |df=dmy-all }}</ref>
In 2012, NIA with the assistance of [[Interpol]] and [[Saudi Intelligence]] agencies, successfully arrested terrorists namely: [[Abu Jundal]] alias ''Abu Hamza'' (Indian national), ''Fasih Mohammad'' and [[Yaseen Bhatkal]] ([[Indian Mujahideen]]).<ref>{{cite web |url=http://www.hindustantimes.com/India-news/NewDelhi/Terror-suspect-Fasih-Mohammed-extradited-arrested-reports/Article1-948380.aspx |title=Saudi sends IM terror suspect back to India |work=Hindustan Times|access-date=2013-09-28 |url-status=dead |archive-url=https://web.archive.org/web/20130513154938/http://www.hindustantimes.com/India-news/NewDelhi/Terror-suspect-Fasih-Mohammed-extradited-arrested-reports/Article1-948380.aspx |archive-date=13 May 2013 }}</ref>


In the year 2013, NIA was successful in arresting two senior members of Indian Mujahideen, namely Ahmed Siddibappa Zaraar alias Yasin Bhatkal and Asadullah Akhtar alias Haddi, from Indo Nepal border in Bihar on 29 August 2013. These two were instrumental in the commission of a number of terrorist attacks across the country for the past several years, under the banner of Indian Mujahideen, a proscribed terrorist organisation.
In 2013, NIA was successful in arresting two senior members of Indian Mujahideen, namely Ahmed Siddibappa Zaraar alias Yasin Bhatkal and Asadullah Akhtar alias Haddi, at the Indo—Nepal border in Bihar on 29 August 2013.{{citation needed|date=August 2023}} These two were instrumental in the commission of a number of terrorist attacks across the country for the past several years{{citation needed|date=August 2023}}, under the banner of Indian Mujahideen, a proscribed terrorist organisation.


=== Terrorist organisations ===
=== Terrorist organisations ===
==== Jammu and Kashmir war on terror ====
==== Jammu and Kashmir war on terror ====
NIA has been active in the war against terror in [[Jammu and Kashmir (state)|Jammu and Kashmir]]. On 18 January 2019, NIA filed a [[chargesheet]] against 12 people including [[Lashkar-e-Taiba]] terror group chief [[Hafiz Muhammad Saeed|Hafiz Saeed]] and [[Hizbul Mujahideen]] chief [[Sayeed Salahudeen|Syed Salahuddin]].<ref>{{Cite news|url=http://www.newindianexpress.com/nation/2018/jan/19/national-investigation-agency-charges-let-chief-hafiz-saeed-with-sedition-1758231.html|title=National Investigation Agency charges LeT chief Hafiz Saeed with sedition|work=The New Indian Express|access-date=2018-01-28}}</ref><ref>{{Cite web|url=http://www.firstpost.com/india/kashmir-terror-funding-nia-files-chargesheet-against-12-people-including-hafiz-saeed-and-syed-salahuddin-4308361.html|title=Kashmir terror funding: NIA files chargesheet against 12 people, including Hafiz Saeed and Syed Salahuddin - Firstpost|website=www.firstpost.com|date=18 January 2018|access-date=2018-01-28}}</ref> This chargesheet was filed after nearly eight months of investigations spanning six states in India during which over 300 witnesses were examined, 950 "incriminating documents" and 600 electronic devices were seized.<ref>{{Cite web|url=http://www.firstpost.com/india/nia-files-chargesheet-in-kashmir-terror-funding-case-shrinking-influence-of-separatists-opens-up-opportunity-for-dialogue-4310431.html|title=NIA files chargesheet in Kashmir terror funding case: Shrinking influence of separatists opens up opportunity for dialogue - Firstpost|website=www.firstpost.com|date=19 January 2018|access-date=2018-01-28}}</ref> NIA has also stated that the war against terror in Kashmir is not about terror funding alone, it's about a conspiracy to wage war against India.<ref>{{Cite news|url=https://www.ndtv.com/india-news/pakistan-embassy-officials-involved-in-kashmir-terror-funding-nia-1801904|title=Pakistan Embassy Officials Involved In Kashmir Terror Funding: NIA|work=NDTV.com|access-date=2018-01-28}}</ref> During the investigation the NIA has arrested people allegedly involved in stone-pelting incidents for the first time including Kashmiri photojournalist [[Kamran Yusuf]].<ref>{{Cite news|url=http://indianexpress.com/article/india/protests-erupt-in-kashmir-after-nia-arrests-journalist-4832359/|title=Journalists protest in Srinagar after Kamran Yousuf's arrest by NIA|date=2017-09-07|work=The Indian Express|access-date=2018-01-29|language=en-US}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/india/story/terror-funding-kashmir-photo-journalist-arrest-stone-pelting-1038605-2017-09-05|title=Terror funding case: Kashmir freelance photo-journalist amongst 2 arrested for stone-pelting|date=2017-09-05|website=India Today|language=en-US|access-date=2018-01-29}}</ref><ref>{{Cite web|url=https://cpj.org/2018/01/india-charges-photojournalist-arrested-in-kashmir-.php|title=India charges photojournalist arrested in Kashmir in September with sedition, other crimes|website=cpj.org|date=18 January 2018|language=en|access-date=2018-01-29}}</ref>
NIA has been active in the war against terror in [[Jammu and Kashmir (state)|Jammu and Kashmir]]. On 18 January 2019, NIA filed a [[chargesheet]] against 12 people including [[Lashkar-e-Taiba]] terror group chief [[Hafiz Muhammad Saeed|Hafiz Saeed]] and [[Hizbul Mujahideen]] chief [[Sayeed Salahudeen|Syed Salahuddin]].<ref>{{Cite news|url=https://www.newindianexpress.com/nation/2018/jan/19/national-investigation-agency-charges-let-chief-hafiz-saeed-with-sedition-1758231.html|title=National Investigation Agency charges LeT chief Hafiz Saeed with sedition|work=The New Indian Express|access-date=2018-01-28}}</ref><ref>{{Cite web|url=http://www.firstpost.com/india/kashmir-terror-funding-nia-files-chargesheet-against-12-people-including-hafiz-saeed-and-syed-salahuddin-4308361.html|title=Kashmir terror funding: NIA files chargesheet against 12 people, including Hafiz Saeed and Syed Salahuddin – Firstpost|website=firstpost.com|date=18 January 2018|access-date=2018-01-28}}</ref> This chargesheet was filed after nearly eight months of investigations spanning six states in India during which over 300 witnesses were examined, 950 "incriminating documents" and 600 electronic devices were seized.<ref>{{Cite web|url=http://www.firstpost.com/india/nia-files-chargesheet-in-kashmir-terror-funding-case-shrinking-influence-of-separatists-opens-up-opportunity-for-dialogue-4310431.html|title=NIA files chargesheet in Kashmir terror funding case: Shrinking influence of separatists opens up opportunity for dialogue – Firstpost|website=firstpost.com|date=19 January 2018|access-date=2018-01-28}}</ref> NIA has also stated that the war against terror in Kashmir is not about terror funding alone, it's about a conspiracy to wage war against India.<ref>{{Cite news|url=https://www.ndtv.com/india-news/pakistan-embassy-officials-involved-in-kashmir-terror-funding-nia-1801904|title=Pakistan Embassy Officials Involved in Kashmir Terror Funding: NIA|work=NDTV.com|access-date=2018-01-28}}</ref> During the investigation the NIA has arrested people allegedly involved in stone-pelting incidents for the first time including Kashmiri photojournalist [[Kamran Yusuf]].<ref>{{Cite news|url=http://indianexpress.com/article/india/protests-erupt-in-kashmir-after-nia-arrests-journalist-4832359/|title=Journalists protest in Srinagar after Kamran Yousuf's arrest by NIA|date=2017-09-07|work=The Indian Express|access-date=2018-01-29}}</ref><ref>{{Cite web|url=https://www.indiatoday.in/india/story/terror-funding-kashmir-photo-journalist-arrest-stone-pelting-1038605-2017-09-05|title=Terror funding case: Kashmir freelance photo-journalist amongst 2 arrested for stone-pelting|date=2017-09-05|website=India Today|access-date=2018-01-29}}</ref><ref>{{Cite web|url=https://cpj.org/2018/01/india-charges-photojournalist-arrested-in-kashmir-.php|title=India charges photojournalist arrested in Kashmir in September with sedition, other crimes|website=cpj.org|date=18 January 2018|access-date=2018-01-29}}</ref>


=== Naxals ===
=== Naxals ===
It has identified two [[Left-wing terrorism#Communist Party of India (Maoist) and Naxalites|Naxalite]] commanders in Bastar who were part of the ambush that killed almost the entire Congress' Chhattisgarh top brass.<ref>{{cite news|title=NIA cracks Bastar ambush case as Naxal Usendi Sings|url=http://economictimes.indiatimes.com/news/politics-and-nation/nia-cracks-bastar-ambush-case-as-naxal-usendi-sings/articleshow/29270245.cms|access-date=24 January 2014|newspaper=The Economic Times|date=24 January 2014}}</ref>
It has identified two [[Naxalite–Maoist insurgency|Naxalite]] commanders in Bastar who were part of the ambush that killed almost the entire Congress' Chhattisgarh top brass.<ref>{{cite news|title=NIA cracks Bastar ambush case as Naxal Usendi Sings|url=http://economictimes.indiatimes.com/news/politics-and-nation/nia-cracks-bastar-ambush-case-as-naxal-usendi-sings/articleshow/29270245.cms|access-date=24 January 2014|newspaper=The Economic Times|date=24 January 2014}}</ref>
=== Foreign militant groups behind Manipur violence ===
On 30 September 2023, in a joint operation with [[Manipur Police]], NIA arrested a 51-year-old man, Seiminlun Gangte, from [[Churachandpur]], Manipur for ''<nowiki/>'transnational conspiracy by terror outfits in Myanmar and Bangladesh to wage war against the government of India by exploiting the [[2023 Manipur violence|ethnic unrest in Manipur]]'''. NIA announced that ''the mentioned militant outfits have been providing funds to procure arms, ammunition and other types of terrorist hardware, which are being sourced both, from across the border, as well as from other terrorist outfits active in northeastern states of India.''<ref>{{Cite web |title=https://twitter.com/NIA_India/status/1708141536645710115 |url=https://twitter.com/NIA_India/status/1708141536645710115 |access-date=2023-10-03 |website=X (formerly Twitter)}}</ref><ref>{{Cite web |date=2023-10-03 |title=Delhi court extends NIA custody of Manipur violence suspect Seiminlun Gangte |url=https://www.hindustantimes.com/india-news/delhi-court-extends-nia-custody-of-manipur-violence-suspect-seiminlun-gangte-101696333227022.html |access-date=2023-10-03 |website=Hindustan Times}}</ref><ref>{{Cite news |last=Singh |first=Vijaita |date=2023-09-30 |title=NIA arrests one from Manipur's Churachandpur for 'waging war against India'|work=The Hindu |url=https://www.thehindu.com/news/national/nia-arrests-one-from-manipurs-churachandpur-for-waging-war-against-india/article67366932.ece |access-date=2023-10-03 |issn=0971-751X}}</ref><ref>{{Cite web |date=2023-09-30 |title=Manipur News: NIA arrests two in transnational conspiracy case |url=https://www.livemint.com/news/india/manipur-news-nia-arrests-two-in-transnational-conspiracy-by-myanmar-and-bangladesh-terror-outfits-11696086383450.html |access-date=2023-10-03 |website=mint}}</ref><ref>{{Cite news |date=2023-10-02 |title='Every arrest based on evidence': CBI, NIA refute allegations of high-handedness, partiality in Manipur cases |work=The Times of India |url=https://timesofindia.indiatimes.com/india/every-arrest-based-on-evidence-cbi-nia-refute-allegations-of-high-handedness-partiality-in-manipur-cases/articleshow/104109961.cms |access-date=2023-10-03 |issn=0971-8257}}</ref>


===Constitutionality===
===Constitutionality===
Under the constitution of India, law and order is a state subject. There have been questions raised on how NIA is usurping state rights under the guise of fighting terror. In 2020 Chhatishgarh state filed a case against the act in the supreme court that the said act violates the constitution.<ref>{{Cite web|url=https://www.hindustantimes.com/india-news/chhattisgarh-moves-supreme-court-against-nia-act-enacted-by-cong-led-upa/story-HDlChKcZtonb0WnMe42kYO.html|title=Cong-ruled Chhattisgarh moves SC against NIA Act enacted by Cong-led UPA|date=15 January 2020|website=Hindustan Times}}</ref> A US Embassy cable accessed by ''The Hindu'' says that union home minister P Chidambaram, in his discussion with FBI Director [[Robert Mueller]], was coming 'perilously close to crossing constitutional limits' in empowering the NIA,<ref>{{Cite web|date=2011-03-19|title=Chidambaram was unsure of NIA's constitutionality|url=https://www.hindustantimes.com/delhi/chidambaram-was-unsure-of-nia-s-constitutionality/story-cFZmQydPPbWZuqZ7TlupiJ.html|access-date=2021-05-10|website=Hindustan Times|language=en}}</ref> and also that the National Investigation Agency's powers could be challenged in the courts as violating constitutional provisions on Centre-State relations.<ref>{{Cite web|url=https://www.hindustantimes.com/delhi/chidambaram-was-unsure-of-nia-s-constitutionality/story-cFZmQydPPbWZuqZ7TlupiJ.html|title=Chidambaram was unsure of NIA's constitutionality|date=19 March 2011|website=Hindustan Times}}</ref> These ambiguities that the states' privilege is being encroached upon by the Centre using this act are resolved using the 'doctrine of Pith and Substance'.<ref>{{Cite web|last=Garg|first=Varun|date=2021-01-03|title=Examining the legality of the NIA Act|url=https://lawandotherthings.com/2021/01/examining-the-legality-of-the-nia-act/|access-date=2021-05-10|website=Law and Other Things|language=en-GB}}</ref>
Under the constitution of India, law and order is a state subject. In 2020 Chhatishgarh state filed a case against the act in the supreme court that the said act violates the constitution.<ref>{{Cite web|url=https://www.hindustantimes.com/india-news/chhattisgarh-moves-supreme-court-against-nia-act-enacted-by-cong-led-upa/story-HDlChKcZtonb0WnMe42kYO.html|title=Cong-ruled Chhattisgarh moves SC against NIA Act enacted by Cong-led UPA|date=15 January 2020|website=Hindustan Times}}</ref> A US Embassy cable accessed by ''The Hindu'' says that union home minister P Chidambaram, in his discussion with FBI Director [[Robert Mueller]], was coming 'perilously close to crossing constitutional limits' in empowering the NIA,<ref>{{Cite web|date=2011-03-19|title=Chidambaram was unsure of NIA's constitutionality|url=https://www.hindustantimes.com/delhi/chidambaram-was-unsure-of-nia-s-constitutionality/story-cFZmQydPPbWZuqZ7TlupiJ.html|access-date=2021-05-10|website=Hindustan Times}}</ref> and also that the National Investigation Agency's powers could be challenged in the courts as violating constitutional provisions on Centre-State relations.<ref>{{Cite web|url=https://www.hindustantimes.com/delhi/chidambaram-was-unsure-of-nia-s-constitutionality/story-cFZmQydPPbWZuqZ7TlupiJ.html|title=Chidambaram was unsure of NIA's constitutionality|date=19 March 2011|website=Hindustan Times}}</ref> These ambiguities that the states' privilege is being encroached upon by the Centre using this act are resolved using the 'doctrine of Pith and Substance'. The central government states that the NIA is a necessary body to fight threats to national security.<ref>{{Cite web|last=Garg|first=Varun|date=2021-01-03|title=Examining the legality of the NIA Act|url=https://lawandotherthings.com/2021/01/examining-the-legality-of-the-nia-act/|access-date=2021-05-10|website=Law and Other Things}}</ref>


==In popular culture==
==In popular culture==
NIA has been depicted in the [[Amazon Prime Video]]'s series [[The Family Man (Indian TV series)|''The Family Man'']] featuring [[Manoj Bajpayee]] in the role of an NIA officer named Srikant Tiwari.<ref>{{Cite web |date=2019-09-08 |title=Before you watch 'The Family Man' on Amazon Prime, here's everything you might wanna know about the NIA |url=https://www.gqindia.com/get-smart/content/before-you-watch-the-family-man-amazon-prime-original-series-heres-everything-you-might-wanna-know-about-nia |access-date=2022-06-30 |website=GQ India |language=en-IN}}</ref>
NIA has been depicted in the [[Amazon Prime Video]]'s series [[The Family Man (Indian TV series)|''The Family Man'']] featuring [[Manoj Bajpayee]] in the role of an NIA officer named Srikant Tiwari.<ref>{{Cite web |date=2019-09-08 |title=Before you watch 'The Family Man' on Amazon Prime, here's everything you might wanna know about the NIA |url=https://www.gqindia.com/get-smart/content/before-you-watch-the-family-man-amazon-prime-original-series-heres-everything-you-might-wanna-know-about-nia |access-date=2022-06-30 |website=GQ India}}</ref>


==See also==
==See also==
* [[Central Bureau of Investigation]], anti organised crime which are international, multi-state or multi-agency
* [[Central Bureau of Investigation]], investigates organised crime which is international, multi-state or multi-agency
* [[Directorate of Revenue Intelligence]], anti-smuggling
* [[Directorate of Revenue Intelligence]], investigates smuggling
* [[Enforcement Directorate]], anti economic crimes
* [[Enforcement Directorate]], investigates economic crimes
* [[Narcotics Control Bureau]], anti drug trafficking
* [[Narcotics Control Bureau]], investigates drug trafficking
* [[Financial intelligence#Financial intelligence organizations|Financial Intelligence Unit]], anti money laundering
* [[Financial Intelligence Unit (India)|Financial Intelligence Unit]], investigates money laundering
* [[NIA Most Wanted]], terrorists
* [[NIA Most Wanted]], wanted alleged terrorists
* [[List of Indian intelligence agencies]]
* [[List of Indian intelligence agencies]]


Line 148: Line 153:
{{2008 Mumbai attacks}}
{{2008 Mumbai attacks}}
{{authority control}}
{{authority control}}

[[Category:2009 establishments in Delhi]]
[[Category:2009 establishments in India]]
[[Category:Counterterrorism in India]]
[[Category:Counterterrorism in India]]
[[Category:Executive branch of the government of India]]
[[Category:Executive branch of the government of India]]

Latest revision as of 15:53, 24 June 2024

National Investigation Agency
राष्ट्रीय अन्वेषण अभिकरण
Seal of NIA
Flag of NIA
Flag of NIA
Agency overview
Formed2009 (15 years ago) (2009)[1]
Employees649[2]
Annual budget₹200.53 crore (US$24 million)
(2023–24 est.)[3]
Jurisdictional structure
Federal agency
(Operations jurisdiction)		India
Operations jurisdictionIndia
Size3,287,263 square kilometres (1,269,219 sq mi)
Population1,428,627,663
Legal jurisdictionIndia
Governing bodyMinistry of Home Affairs, Government of India
Constituting instrument
General nature
Operational structure
HeadquartersCGO Complex
New Delhi, India
28°35′18″N 77°13′58″E / 28.5884°N 77.2329°E / 28.5884; 77.2329
Elected officer responsible
Agency executive
Website
www.nia.gov.in Edit this at Wikidata

The National Investigation Agency (NIA) is a specialized counter-terrorism law enforcement agency in India.[4] The agency is empowered to deal with the investigation of terror related crimes across states without special permission from the states under written proclamation from the Ministry of Home Affairs. The primary mandate of the National Investigation Agency is to investigate and prosecute offences that have national and cross-border implications, specifically focusing on terrorism, insurgency, and other related matters. It is empowered to investigate cases that involve threats to the sovereignty, security, and integrity of India. It has the authority to conduct searches, make seizures and arrests, as well as to collect evidence and maintain a database of terrorist organisations and their members.[5][6]

The agency came into existence with the enactment of the National Investigation Agency Act 2008 by the Parliament of India on 31 December 2008, which 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 by existing agencies in India, hence the Government of India realised the need for a specific body to deal with terror related activities in India, thereby establishing the NIA.[5][7][8][9] Headquartered in New Delhi, the NIA has branches in Hyderabad, Guwahati, Kochi, Lucknow, Mumbai, Kolkata, Raipur, Jammu, Chandigarh, Ranchi, Chennai and Imphal.[10] It maintains the NIA Most Wanted list. Its functioning and effectiveness have also been subject to scrutiny, with debates regarding its jurisdiction, accountability, and coordination with other agencies.

The founding Director-General of NIA was Radha Vinod Raju, and he served until 31 January 2010.[11][12] Currently Sadanand Date serves as its Director-General since 1 April 2024.

NIA headquarters in New Delhi

Organisation[edit]

NIA is headed by a Director General, who is an IPS officer and has the rank of Director General of Police. NIA is headquartered in New Delhi. The Director General of the NIA is assisted by Special/Additional Directors General (ADGs) and Inspectors General (IGs). There are branch offices across the country to ensure nationwide coverage and coordination in counter-terrorism and other national security-related investigations. Senior officers are appointed through deputation from the Indian Police Service (IPS) or the Indian Revenue Service (IRS). Conversely, subordinate personnel are selected directly via the Staff Selection Commission (SSC) or through deputation from various State Police forces.[13]

Legal basis[edit]

A bill for the formation of the National Investigation Agency was passed by Parliament in December 2008. As per the legislation, NIA has concurrent jurisdiction which empowers the Central Agency to probe terror attacks in any part of the country, covering offences including challenges to the country's sovereignty and integrity, bomb blasts, hijacking of aircraft and ships and attacks on nuclear installations. The amendments to the NIA Act have brought offences relating to the smuggling in high-quality counterfeit Indian currency under the definition of a terrorist act aimed at damaging the monetary stability of the country and therefore open to investigation by the NIA.[14]

The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill became law on 30 December 2008 as President Pratibha Patil gave her assent to the legislation which was passed in the last session of the parliament.[15]

NIA (Amendment) Bill 2019[edit]

The NIA (Amendment) Bill 2019 was passed by the parliament on 17 July 2019. The Bill aims to give more teeth to the investigating powers of the NIA. It empowers the NIA to probe terror attacks targeting Indians and Indian interests abroad.[16] The amended legislation, which aims to primarily empower the anti-terror agency to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism, was passed with a majority of 278 votes in favour and six against in the Lok Sabha. It was also passed in the Rajya Sabha after those opposed to it staged a walkout.[17] This amendment will now also allow NIA to investigate the Sri Lanka Easter Bombings and Kabul Gurudwara bombing.[18]

Vision[edit]

The organisation aims to be a thoroughly professional investigative agency matching the best international standards. It aims to set the standards of excellence in counter terrorism and other national security related investigations at the national level by developing into a highly trained, partnership oriented workforce. It also aims at creating deterrence for existing and potential terrorist groups/individuals. It aims to develop as a storehouse of all terrorist related information.[19]

Jurisdiction[edit]

The Agency has been empowered to conduct investigation and prosecution of offences under the Acts specified in the Schedule of the NIA Act.[6] A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act. The Central Government can also order NIA to take over investigation of any scheduled offence anywhere in the India. Officers of the NIA who are drawn from the Indian Police Service and Indian Revenue Service have all powers, privileges and liabilities which police officers have in connection with investigation of any offence.[20]

In 2016, Home Minister Rajnath Singh wanted to end the central agency's dependence on approval from state police chiefs before confiscating or attaching assets of people accused of crime.[21]

The National Investigation Agency (Amendment) Act, 2019 states that, officers of the NIA will have the power to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries. The central government may direct the NIA to investigate such cases, as if the offence has been committed in India. The Special Court in New Delhi will have jurisdiction over these cases.[22]

Special NIA Courts[edit]

Various Special Courts have been established by the Central Government of India for trial of the cases registered at various police stations of NIA under Section 11 and 22 of the NIA Act 2008. Any question as to the jurisdiction of these courts is decided by the Central Government. These are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region. The Supreme Court of India has also been empowered to transfer the cases from one special court to any other special court within or outside the state if in the interest of justice in light of the prevailing circumstances in any particular state. The NIA Special Courts are empowered with all powers of the court of sessions under Code of Criminal Procedure, 1973 for trial of any offence.[6]

Trial by these courts are held on a day-to-day basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and have to be concluded in preference to the trial of such other case. An appeal from any judgement, sentence or order, not being an interlocutory order, of a Special Court lies to the High Court both on facts and on law. Such an appeal can be heard by a division bench of two Judges of the High Court. At present there are 38 Special NIA Courts.[23] State Governments have also been empowered to appoint one or more such special courts in their states.[6]

Recent success of NIA[edit]

Individual terrorists[edit]

In 2012, NIA with the assistance of Interpol and Saudi Intelligence agencies, successfully arrested terrorists namely: Abu Jundal alias Abu Hamza (Indian national), Fasih Mohammad and Yaseen Bhatkal (Indian Mujahideen).[24]

In 2013, NIA was successful in arresting two senior members of Indian Mujahideen, namely Ahmed Siddibappa Zaraar alias Yasin Bhatkal and Asadullah Akhtar alias Haddi, at the Indo—Nepal border in Bihar on 29 August 2013.[citation needed] These two were instrumental in the commission of a number of terrorist attacks across the country for the past several years[citation needed], under the banner of Indian Mujahideen, a proscribed terrorist organisation.

Terrorist organisations[edit]

Jammu and Kashmir war on terror[edit]

NIA has been active in the war against terror in Jammu and Kashmir. On 18 January 2019, NIA filed a chargesheet against 12 people including Lashkar-e-Taiba terror group chief Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin.[25][26] This chargesheet was filed after nearly eight months of investigations spanning six states in India during which over 300 witnesses were examined, 950 "incriminating documents" and 600 electronic devices were seized.[27] NIA has also stated that the war against terror in Kashmir is not about terror funding alone, it's about a conspiracy to wage war against India.[28] During the investigation the NIA has arrested people allegedly involved in stone-pelting incidents for the first time including Kashmiri photojournalist Kamran Yusuf.[29][30][31]

Naxals[edit]

It has identified two Naxalite commanders in Bastar who were part of the ambush that killed almost the entire Congress' Chhattisgarh top brass.[32]

Foreign militant groups behind Manipur violence[edit]

On 30 September 2023, in a joint operation with Manipur Police, NIA arrested a 51-year-old man, Seiminlun Gangte, from Churachandpur, Manipur for 'transnational conspiracy by terror outfits in Myanmar and Bangladesh to wage war against the government of India by exploiting the ethnic unrest in Manipur'. NIA announced that the mentioned militant outfits have been providing funds to procure arms, ammunition and other types of terrorist hardware, which are being sourced both, from across the border, as well as from other terrorist outfits active in northeastern states of India.[33][34][35][36][37]

Constitutionality[edit]

Under the constitution of India, law and order is a state subject. In 2020 Chhatishgarh state filed a case against the act in the supreme court that the said act violates the constitution.[38] A US Embassy cable accessed by The Hindu says that union home minister P Chidambaram, in his discussion with FBI Director Robert Mueller, was coming 'perilously close to crossing constitutional limits' in empowering the NIA,[39] and also that the National Investigation Agency's powers could be challenged in the courts as violating constitutional provisions on Centre-State relations.[40] These ambiguities that the states' privilege is being encroached upon by the Centre using this act are resolved using the 'doctrine of Pith and Substance'. The central government states that the NIA is a necessary body to fight threats to national security.[41]

In popular culture[edit]

NIA has been depicted in the Amazon Prime Video's series The Family Man featuring Manoj Bajpayee in the role of an NIA officer named Srikant Tiwari.[42]

See also[edit]

References[edit]

  1. ^ NIA officer Mohammed Tanzil shot dead as children watched "Ahmad, who has been with the NIA ever since the organization was formed in February 2009..."
  2. ^ "With shoe-string budget, NIA poorly equipped for counterterrorism". The Times of India. 7 November 2014. Archived from the original on 29 August 2017. Retrieved 25 July 2016.
  3. ^ "Notes on Demands for Grants, 2023-2024" (PDF). indiabudget.gov.in.
  4. ^ "NIA to have new HQ complex on Tuesday". The Economic Times.
  5. ^ a b "National Investigation Agency: About Us". National Investigation Agency. Archived from the original on 8 July 2013. Retrieved 16 June 2013.
  6. ^ a b c d "National Investigation Agency Act 2008" (PDF). National Investigation Agency. Archived from the original (PDF) on 4 May 2013. Retrieved 16 June 2013.
  7. ^ TNN (16 December 2008). "Finally, govt clears central terror agency, tougher laws". The Times of India. Archived from the original on 22 October 2012. Retrieved 28 September 2013.
  8. ^ "Cabinet clears bill to set up federal probe agency". Ndtv.com. Archived from the original on 8 May 2013. Retrieved 9 December 2012.
  9. ^ PTI (16 December 2008). "Govt tables bill to set up National Investigation Agency". The Times of India. Archived from the original on 22 October 2012. Retrieved 28 September 2013.
  10. ^ "Branch Offices". National Investigation Agency.
  11. ^ "Sharad Chandra Sinha new NIA chief". Deccan Herald. February 2010. Retrieved 11 July 2013.
  12. ^ "S.C. Sinha- Appointed Director General of NIA". Jagranjosh.com. 25 October 2010. Retrieved 9 December 2012.
  13. ^ https://www.nia.gov.in/about-us.htm. {{cite web}}: Missing or empty |title= (help)
  14. ^ Ramkumar, Justice V. (3 April 2022). "Power of The "N.I.A. Special Court" To Tender Pardon to an Accomplice". livelaw.in. Retrieved 15 May 2024.
  15. ^ Naved, Sarim (24 July 2019). "Between the NIA Amendment and Now UAPA, the Squeeze on Human Rights is On". The Wire. Retrieved 15 May 2024.
  16. ^ "Parliament approves Bill to give NIA more teeth". India Today. Press Trust of India New Delhi. 17 July 2019. Retrieved 29 July 2019.
  17. ^ "The NIA (Amendment) Bill 2019 – a brief explainer". The Leaflet. 19 July 2019. Retrieved 29 July 2019.
  18. ^ "NIA to probe terror attack on gurdwara in Afghanistan; first overseas case registered by agency". The New Indian Express. 1 April 2020. Retrieved 27 April 2020.
  19. ^ "Vision and Mission". National Investigation Agency. Retrieved 9 December 2012.
  20. ^ "Frequently Asked Questions". National Investigation Agency. Archived from the original on 4 July 2013. Retrieved 16 June 2013.
  21. ^ Tikku, Aloke (22 December 2016). "Govt wants more power for NIA, move could eat into states' rights 00:29 IST". Hindustan Times. Archived from the original on 8 February 2019. Retrieved 8 February 2019.
  22. ^ "Amended NIA Act with powers to probe abroad comes into force". The Economic Times. Retrieved 13 August 2020.
  23. ^ "National Investigation Agency – Courts". Archived from the original on 5 June 2013. Retrieved 16 June 2013.
  24. ^ "Saudi sends IM terror suspect back to India". Hindustan Times. Archived from the original on 13 May 2013. Retrieved 28 September 2013.
  25. ^ "National Investigation Agency charges LeT chief Hafiz Saeed with sedition". The New Indian Express. Retrieved 28 January 2018.
  26. ^ "Kashmir terror funding: NIA files chargesheet against 12 people, including Hafiz Saeed and Syed Salahuddin – Firstpost". firstpost.com. 18 January 2018. Retrieved 28 January 2018.
  27. ^ "NIA files chargesheet in Kashmir terror funding case: Shrinking influence of separatists opens up opportunity for dialogue – Firstpost". firstpost.com. 19 January 2018. Retrieved 28 January 2018.
  28. ^ "Pakistan Embassy Officials Involved in Kashmir Terror Funding: NIA". NDTV.com. Retrieved 28 January 2018.
  29. ^ "Journalists protest in Srinagar after Kamran Yousuf's arrest by NIA". The Indian Express. 7 September 2017. Retrieved 29 January 2018.
  30. ^ "Terror funding case: Kashmir freelance photo-journalist amongst 2 arrested for stone-pelting". India Today. 5 September 2017. Retrieved 29 January 2018.
  31. ^ "India charges photojournalist arrested in Kashmir in September with sedition, other crimes". cpj.org. 18 January 2018. Retrieved 29 January 2018.
  32. ^ "NIA cracks Bastar ambush case as Naxal Usendi Sings". The Economic Times. 24 January 2014. Retrieved 24 January 2014.
  33. ^ "https://twitter.com/NIA_India/status/1708141536645710115". X (formerly Twitter). Retrieved 3 October 2023. {{cite web}}: External link in |title= (help)
  34. ^ "Delhi court extends NIA custody of Manipur violence suspect Seiminlun Gangte". Hindustan Times. 3 October 2023. Retrieved 3 October 2023.
  35. ^ Singh, Vijaita (30 September 2023). "NIA arrests one from Manipur's Churachandpur for 'waging war against India'". The Hindu. ISSN 0971-751X. Retrieved 3 October 2023.
  36. ^ "Manipur News: NIA arrests two in transnational conspiracy case". mint. 30 September 2023. Retrieved 3 October 2023.
  37. ^ "'Every arrest based on evidence': CBI, NIA refute allegations of high-handedness, partiality in Manipur cases". The Times of India. 2 October 2023. ISSN 0971-8257. Retrieved 3 October 2023.
  38. ^ "Cong-ruled Chhattisgarh moves SC against NIA Act enacted by Cong-led UPA". Hindustan Times. 15 January 2020.
  39. ^ "Chidambaram was unsure of NIA's constitutionality". Hindustan Times. 19 March 2011. Retrieved 10 May 2021.
  40. ^ "Chidambaram was unsure of NIA's constitutionality". Hindustan Times. 19 March 2011.
  41. ^ Garg, Varun (3 January 2021). "Examining the legality of the NIA Act". Law and Other Things. Retrieved 10 May 2021.
  42. ^ "Before you watch 'The Family Man' on Amazon Prime, here's everything you might wanna know about the NIA". GQ India. 8 September 2019. Retrieved 30 June 2022.

External links[edit]

Retrieved from "https://en.wikipedia.org/w/index.php?title=National_Investigation_Agency&oldid=1230766512"