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National Investigation Agency (NIA)  |

National Investigation Agency (NIA) 

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.

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