© IE Online Media Services Pvt Ltd
Tags:
Journalism of Courage
— Kannan K
The National Investigation Agency (NIA) on Wednesday arrested a man for allegedly harbouring and providing logistical support to Dr Umar Nabi, who drove the car that exploded outside the Red Fort Metro station in Delhi on November 10, killing at least 12 people and injuring several others.
Established in the aftermath of the 26/11 Mumbai terror attacks, the NIA was created to address the critical need for a specialised agency capable of investigating complex, inter-state, and trans-national terror plots.
The terrorist attack on Mumbai on 26 November 2008, which claimed the lives of 166 people, exposed gaping holes in India’s security infrastructure. State police forces and other central agencies were not able to effectively coordinate and investigate crimes with a transnational or inter-state terror dimension.
The NIA Act of 2008, enacted immediately after the attack, established the NIA under the administrative control of the Ministry of Home Affairs (MHA) as a specialised, central agency capable of investigating transnational and complex terror plots.
The agency’s primary function is to investigate and prosecute scheduled offences (mentioned in the NIA Act, 2008), which are serious crimes involving national security and those under the UAPA (Unlawful Activities Prevention Act, 1967).
Since its inception, the NIA’s role has expanded significantly. The agency now focuses not just on acts of terrorism but also on dismantling the broader ecosystem supporting terrorism. This brings the financial and logistical wings of terror networks, including organised criminal gangs, narco-terrorism and financing of terror activities, under its purview.
To tackle crimes emerging threats, the NIA has now established specialised cells such as:
1. The Terror Funding and Fake Currency (TFFC) Cell.
2. Anti Cyber Terrorism Division (ACTD).
3. The Anti Human Trafficking Division (AHTD).
The NIA is also vested with several unique powers that ensure its smooth working as a national counter-terrorism agency. The agency has jurisdiction over all states and can take over the investigation of scheduled offences anywhere in India without prior permission or consent from state governments. This ensures operational efficiency and eliminates jurisdictional hurdles in inter-state and trans-state cases.
Further, the cases investigated by NIA are tried by NIA Special Courts, ensuring a framework for a speedy trial on terrorism and national security-related offences.
The NIA (Amendment) Act, 2019, further expanded the agency’s mandate and powers:
1. Extra-territorial jurisdictions – The NIA was now empowered to investigate scheduled offences committed outside India, provided they are directed against Indian citizens or affect Indian interests, subject to international treaties.
2. Expanded list of scheduled offences – The scope of the agency was expanded by adding human trafficking, counterfeiting of currency, manufacture and sale of prohibited arms, and cyber-terrorism to the list of scheduled offences.
3. Designation of Special Courts – The amendment empowered the centre and state governments to designate sessions courts as NIA special courts for the trial of scheduled offences in consultation with the Chief Justice of the High Court under which the sessions court falls.
Thus the NIA has become an integral part of India’s internal security framework. It has established a strong track record with a high conviction rate of around 95 per cent, which bolsters public confidence and serves as a deterrent to terror outfits. This agency also acts as a repository of terrorism-related intelligence and facilitates intelligence sharing and coordination between central and state agencies.
The NIA also conducts regular training programmes for police forces across India with a view to enhancing national counter-terrorism capabilities. It has been instrumental in apprehending several terror groups, disrupting various terror modules, and preventing some attempted attacks.
The agency is also credited with cutting off key financial networks that support terror outfits and fuel terror operations that contributed to the unrest in Jammu and Kashmir. These efforts collectively underline the significance of NIA to national security.
However, the unique mandate and powers of the NIA also present several challenges. Although state governments can refer the cases pertaining to the scheduled offences for NIA investigation, the Central government may also, suo motu, direct the agency to take up/over the probe. This has, at times, raised concerns, especially because law and order is a state subject.
As the agency’s mandate expands, it will require more funding, recruitment, and specialised technical expertise, particularly for addressing domains such as cyberterrorism and counterfeiting. The investigation of offences occurring outside India presents further difficulties, as all actions of the NIA beyond Indian borders need to be carried out through diplomatic channels and in accordance with international treaties on legal assistance.
To sum up, the NIA has a critical role in ensuring India’s security from acts of terror. To ensure its continued excellence and deeper specialisation, a few steps could be useful such as:
1. The creation of a permanent cadre of specialised NIA officers rather than relying on officers deputed from the IPS and other police and services.
2. The creation of a system of intelligence sharing between the NIA, the state Anti Terror Squads (ATS), and police forces. This will lead to effective communication and avoid duplication of effort.
3. Continuous and heavy investment in cutting-edge technology that keeps up with technological advancement, especially in view of the ever evolving nature of crimes like cyber terrorism, narco-terrorism, and encrypted communication.
4. This includes advanced forensic analysis and digital investigation tools that can match the sophistication of new terror modules.
The NIA remains the cornerstone of India’s counter-terror architecture. Its ability to adapt, evolve, and continually upgrade both human resources and technological capabilities will further strengthen its effectiveness in an increasingly complex national security landscape.
Discuss the evolution of the NIA’s mandate since 2008. How far has the expansion of its jurisdiction strengthened India’s internal security framework?
The NIA (Amendment) Act of 2019 significantly broadened the agency’s powers. Assess the need for these reforms and their implications for national security.
Suggest reforms required to enhance the efficiency and effectiveness of the NIA in dealing with emerging security threats.
What are the internal security challenges being faced by India? Give out the role of Central Intelligence and Investigative Agencies tasked to counter such threats.
(Kannan K is a Doctoral candidate at the Centre for Economic and Social Studies, Hyderabad.)
Share your thoughts and ideas on UPSC Special articles with ashiya.parveen@indianexpress.com.
Subscribe to our UPSC newsletter and stay updated with the news cues from the past week.
Stay updated with the latest UPSC articles by joining our Telegram channel – IndianExpress UPSC Hub, and follow us on Instagram and X.
