The recent Supreme Court ruling significantly broadens the investigative powers of the National Investigation Agency (NIA) under the National Investigation Agency Act, 2008 (NIA Act).
- By permitting the NIA to probe offences “connected” to a Scheduled Offence—even if committed by a person not directly accused in the original Scheduled Offence—the apex court has expanded the agency’s jurisdiction. Here’s a breakdown of the implications and context of this development:
Key Powers of the NIA
- Federal Jurisdiction:
- The NIA is a central investigative agency with powers to investigate Scheduled Offences across India, similar to the FBI in the United States.
- It operates independently of state government consent, unlike the Central Bureau of Investigation (CBI).
- Suo Motu Authority:
- The NIA can take cognisance of terror activities anywhere in India, register cases, and investigate without requiring state government approval.
- 2019 amendment to the NIA Act
- The 2019 amendment to the NIA Act allows the agency to investigate a broader range of crimes, including:
- Human trafficking
- Counterfeit currency
- Manufacture or sale of prohibited arms
- Cyber-terrorism
- Offences under the Explosive Substances Act, 1908
- NIA officers can conduct raids and seize properties linked to terrorist activities without needing prior state-level police approval.
- Approval is only required from the Director General of the NIA.
- The 2019 amendment to the NIA Act allows the agency to investigate a broader range of crimes, including:
- Special Courts for NIA:
- Sessions courts designated by the central government can function as special courts for handling NIA cases, ensuring quicker adjudication of such matters.
Significance of the Supreme Court Judgment
- The ruling reinforces the comprehensive mandate of the NIA to investigate linked offences, ensuring broader coverage of terror-related and other serious crimes.
- It underscores the agency’s ability to tackle complex criminal networks, including interconnected offences, regardless of who committed them.
- This effectively strengthens the federal government’s grip over security-related investigations, potentially bypassing state control.
