National Investigation Agency: NIA takes Over Udaipur Killing

Table of Contents

National Investigation Agency (NIA): Relevance for UPSC Exam

GS Paper 2: Indian Constitution- Statutory, regulatory and various quasi-judicial bodies.

Recently, the National Investigation Agency (NIA) has taken over the probe into the June 28 killing of tailor Kanhaiyya Lal (48) in Rajasthan’s Udaipur over a social media post supporting suspended Bharatiya Janata Party (BJP) leader Nupur Sharma.
The Union Home Ministry has also handed over to NIA the investigation of a similarly executed murder of pharmacist Umesh Kolhe (54) at Amravati in Maharashtra on June 21.

Background: The NIA was constituted in the wake of the 26/11 Mumbai terror attack in November 2008.
- The NIA came into existence on December 31, 2008, and started its functioning in 2009.
About: The NIA is a central agency which investigates all offences affecting the sovereignty, security and integrity of India, friendly relations with foreign states, and the offences under the statutory laws enacted to implement international treaties.
Parent Legislation: National Investigation Agency (NIA) was created as a statutory body under National Investigation Agency Act, 2008.
- It tries to strike a balance between the right of the State and duties of the Central government to investigate the more important cases.
Crime and NIA Powers: Various crimes under NIA’s jurisdiction include terror acts and their possible links with crimes like smuggling of arms, drugs and fake Indian currency and infiltration from across the borders.
- The National Investigation Agency (NIA) has the power to search, seize, arrest and prosecute those involved in such offences.

Territorial Jurisdiction: The law (NIA Act 2008) 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.
Laws Covered: NIA deals with the offences under only eight laws mentioned in the scheduled of the NIA Act. These laws are-
- The Explosive Substances Act,
- Atomic Energy Act,
- Unlawful Activities (Prevention) Act,
- Anti-Hijacking Act,
- Suppression of Unlawful Acts against Safety of Civil Aviation Act,
- SAARC Convention (Suppression of Terrorism) Act,
- Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act,
- Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act and
- Relevant offences under the Indian Penal Code, Arms Act and the Information Technology Act.
NIA (amendment) 2022 Act: the Centre empowered the NIA to also probe offences under the Narcotic Drugs and Psychotropic Substances Act that are connected to terror cases.

Reference by State Governments: As provided under Section 6 of the Act, State governments can refer the cases pertaining to the scheduled offences registered at any police station to the Central government (Union Home Ministry) for NIA investigation.
- After assessing the details made available, the Centre can then direct the agency to take over the case.
- State governments are required to extend all assistance to the NIA.
Direction by Union Government: Even when the Central government is of the opinion that a scheduled offence has been committed which is required to be investigated under the Act, it may, suo motu, direct the agency to take up/over the probe.
For Offences Committed on Foreign Land: Where the Central government finds that a scheduled offence has been committed at any place outside India to which this Act extends, it can also direct the NIA to register the case and take up investigation.
Related Offences: While investigating any scheduled offence, the agency can also investigate any other offence which the accused is alleged to have committed if the offence is connected to the scheduled offence.

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