Title : National Investigation Agency (Prelims Specific Topic)
Date : Nov 24, 2021
Description :
About the NIA:
The National Investigation Agency (NIA) is a federal investigative agency based in India.
It is a National Counter-Terrorism Law Enforcement Agency with the authority to pursue terror-related offences across state lines without the need for special state authorization.
The National Investigation Agency Act, which was passed in 2008, established the agency. The regulating body is the Ministry of Hime Affairs.
Jurisdiction:
If a case has been filed for one of the offences mentioned in the NIA Act's schedule, the State Government may request that the NIA handle the investigation.
The National Investigation Agency (NIA) can also be instructed by the Central Government to take over the investigation of any scheduled offence anywhere in India.
Composition:
Officers from the Indian Police Service and the Indian Revenue Service make up the NIA.
NIA Special Courts:
Under Sections 11 and 22 of the NIA Act 2008, the Central Government of India has notified a number of Special Courts for the trial of charges lodged at various NIA police stations.
Any question of these courts' jurisdiction is decided by the Central Government.
The Central Government appoints a judge to preside over them on the recommendation of the Chief Justice of the High Court with jurisdiction in that region.
In light of the realities in that state, the Supreme Court of India has also been given the jurisdiction to transfer cases from one special court to another special court inside or beyond the state if it is in the best interests of justice.
Under the Code of Criminal Procedure, 1973, the NIA Special Courts have all the powers of a court of sessions for the trial of any offence.
On both facts and law, a Special Court judgement, sentence, or order that is not an interlocutory order may be appealed to the High Court.
State legislatures have also been given the power to appoint one or more special courts in their jurisdictions.