Context:
∙ NIA achieved a 94.70% conviction rate in 2023.
About National Investigation Agency (NIA)
∙ Institutional Establishment:
∙ The Union government enacted the National Investigation Agency (NIA) Act after the wake of the 26/11 Mumbai terror attack in November 2008 and it is presently functioning as the Central Counter Terrorism Law Enforcement Agency in India.
Objectives:
∙ To be a thoroughly professional investigative agency matching the best international standards.
∙ 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.
∙ Ensuring effective and speedy trial.
∙ Creating deterrence for existing and potential terrorist groups/individuals.
∙ To develop as a storehouse of all terrorist related information.
Jurisdiction:
∙ The law under which the agency operates extends to the whole of India and also applies to Indian citizens outside the country.
∙ Persons in the service of the government wherever they are posted.
∙ Persons on ships and aircraft registered in India wherever they may be.
∙ Persons who commit a scheduled offence beyond India against the Indian citizen or affecting the interest of India.
∙ NIA (Amendment) Act 2019:
∙ It empowers the NIA to probe terror attacks targeting Indians and Indian interests abroad.
∙ Investigation can also be conducted in other offenses such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism.
∙ The law included Section 66-F of the Information Technology Act in the schedule of the NIA Act, which pertains to cyber terrorism and prescribes punishment extending to life imprisonment.
NIA Special Courts:
∙ Various Special Courts have been notified by the Govt. of India for trial of the cases arising out of offences committed in various states of the Union.
∙ Appeal: An appeal shall lie from any judgement, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.
∙ Every appeal shall be heard by a bench of two Judges of the High Court and shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.
∙ Power of State Government to constitute Special Courts: The State Government may constitute one or more Special Courts for the trial of offences under any or all the enactments specified in the Schedule.
