National Investigation Agency (NIA)

The National Investigation Agency (NIA), India's Central Counter Terrorism Law Enforcement Agency, recently filed charges against 8 individuals suspected of being part of a transnational syndicate involved in trafficking Rohingyas and Bangladeshis into India using forged documents.

About the National Investigation Agency (NIA):

1. Establishment:
   1. Created in 2008 after the Mumbai terror attacks to address the need for a central agency to combat terrorism.
   2. Established under the National Investigation Agency Act, 2008.
2. Headquarters:
   1. New Delhi, with 18 branch offices across the country.
3. Jurisdiction:
   1. Empowered to deal with terror-related crimes across states without special permission.
   2. Works under written proclamation from the Ministry of Home Affairs.
   3. State governments can request the central government to hand over investigations of cases to the NIA.
   4. The central government can ask the NIA to take over investigations of any scheduled offense anywhere in the nation.
   5. NIA officers have the power to investigate scheduled offenses committed outside India, subject to international treaties and domestic laws of other countries.
4. Powers:
   1. NIA officers have the authority to investigate scheduled offenses and arrest individuals involved in such offenses.
   2. NIA officers have all the powers, duties, privileges, and liabilities of ordinary police officers during investigations.
   3. The NIA Director-General (DG) enjoys the same powers as a Director-General of Police.
   4. While investigating any offense under the Act, the NIA can request state governments to associate themselves with the investigation.
   5. The NIA can transfer cases to state governments for investigation and trial, considering the seriousness of the offense and relevant factors.
   6. The Unlawful Activities (Prevention) Act, 1967, was amended in 2019 to empower the DG to seize/attach properties related to proceeds of terrorism in cases being investigated by the NIA.
5. Special Courts:
   1. Various special courts have been designated by the Government of India for the trial of cases arising from offenses committed in various states.
   2. The central government can choose session courts in different states to function as special courts for the trial of offenses under the Act.
   3. These Special Courts are chosen in consultation with the Chief Justice of the High Court of the respective state.

Every offense investigated by the NIA is tried by the Special Court, which has authority in the local area where the offense was committed.

Comparison with CBI

1. Central Bureau of Investigation (CBI): Premier investigative agency in India, with a dual responsibility to investigate grievous cases and provide leadership and direction in fighting corruption to the police force across the country

2. Establishment: Recommended by the Santhanam Committee on Prevention of Corruption (1962-1964), set up by a resolution of the Ministry of Home Affairs in 1963
3. Powers: Derives its powers from the Delhi Special Police Establishment Act, 1946
4. Nodal Agency: Coordinates investigations on behalf of Interpol member countries

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