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National Investigation Agency

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(Redirected fromNational Investigating Agency)
Federal investigation agency in India

Law enforcement agency
National Investigation Agency
राष्ट्रीय अन्वेषण अभिकरण
Seal of National Investigation Agency
Flag of National Investigation Agency
Flag of National Investigation Agency
Mottoराष्ट्ररक्षणम् आद्यकर्तव्यम्(Sanskrit)
Nation’s Protection is the First Duty
Agency overview
Formed2009 (16 years ago) (2009)[1]
Employees649[2]
Annual budget200.53 crore (US$24 million)
(2023–24 est.)[3]
Jurisdictional structure
Federal agencyIndia
Operations jurisdictionIndia
Governing bodyMinistry of Home Affairs, Government of India
Constituting instrument
General nature
Operational structure
HeadquartersCGO Complex
New Delhi, India
28°35′18″N77°13′58″E / 28.5884°N 77.2329°E /28.5884; 77.2329
Elected officer responsible
Agency executive
Website
www.nia.gov.inEdit this at Wikidata

TheNational Investigation Agency (NIA) is the principalcounter-terrorismlaw enforcement agency inIndia. Established under the National Investigation Agency Act, 2008, it is tasked with investigating and combating offenses related toterrorism,national security, and other threats affecting the sovereignty and integrity of the country. It operates under the administrative control of theMinistry of Home Affairs, Government of India.[4] The primary mandate of the agency is to investigate and prosecute offences that have national and cross-border implications, specifically focusing on terrorism,insurgency, and other related matters. It is empowered to investigate cases that involve threats to the sovereignty, security, and integrity of India.

It has the authority to conduct searches, make seizures and arrests without warrant, as well as to collect evidence and maintain a database ofterrorist organisations and their members. The NIA does not need permission from state governments in order to carry out its activities, unlike other national-level agencies.[5][6]

The agency came into existence with the enactment of theNational Investigation Agency Act 2008 by theParliament of India on 31 December 2008, which was passed after the deadly26/11 terror attack inMumbai. Such an attack revealed the failure of intelligence and ability to track such activities by existing agencies in India, hence theGovernment of India realised the need for a specific body to deal with terror related activities inIndia, thereby establishing the NIA.[5][7][8][9] Headquartered inNew Delhi, the NIA has branches inHyderabad,Guwahati,Kochi,Lucknow,Mumbai,Kolkata,Raipur,Jammu,Chandigarh,Ranchi,Chennai andImphal.[10] It maintains theNIA Most Wanted list. Its functioning and effectiveness have also been subject to scrutiny, with debates regarding its jurisdiction, accountability, and coordination with other agencies.

NIA headquarters in New Delhi

Organisation

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NIA is headed by a director general (DG), who is anIPS officer and has the rank ofDirector General of Police. NIA is headquartered inNew Delhi. The director general of the NIA is assisted by special/additional directors general (ADGs) and inspectors general (IGs). There are branch offices across the country to ensure nationwide coverage and coordination in counter-terrorism and other national security-related investigations. Senior officers are appointed through deputation from theIndian Police Service (IPS), the Indian Revenue Service (IRS),the Central Armed Police Force [CAPF] and also fromState Police Services (SPS). Conversely, subordinate personnel are selected directly via theStaff Selection Commission (SSC) or through deputation from Central Armed Police Force [CAPF] and variousState Police forces.[11]Officer Ranks in the NIA includes DGs, ADGs, IGs, DIGs, SPs, Add.SPs and DSPs.[12]

Hierarchy

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  • Director General (IPS Cadre)
  • Special Director General/Additional Director General
  • Inspector General (IG)
  • Deputy Inspector General (DIG)
  • Superintendent (SP)
  • Additional Superintendent (Addl.SP)
  • Deputy Superintendent (Dy.SP)

Subordinates

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  • Inspector (Insp.)
  • Sub inspector (SI)
  • Assistant Sub inspector (ASI)
  • Head constable (HC)
  • Constable

Director General

[edit]
See also:Director General of the National Investigation Agency

Legal basis

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A bill for the formation of the National Investigation Agency was passed by Parliament in December 2008. As per the legislation, NIA has concurrent jurisdiction which empowers the Central Agency to probe terror attacks in any part of the country, covering offences including challenges to the country's sovereignty and integrity, bomb blasts, hijacking of aircraft and ships and attacks on nuclear installations. The amendments to the NIA Act have brought offences relating to the smuggling in high-quality counterfeit Indian currency under the definition of a terrorist act aimed at damaging the monetary stability of the country and therefore open to investigation by the NIA.[13]

The National Investigative Agency Bill and Unlawful Activities (Prevention) Amendment Bill became law on 30 December 2008 asPresidentPratibha Patil gave her assent to the legislation which was passed in the last session of the parliament.[14]

NIA (Amendment) Act, 2019

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The NIA (Amendment) Bill 2019 was passed by the parliament on 17 July 2019. The Bill aims to give more teeth to the investigating powers of the NIA. It empowers the NIA to probe terror attacks targeting Indians and Indian interests abroad.[15] The amended legislation, which aims to primarily empower the anti-terror agency to investigate scheduled offences such as human trafficking; circulation of fake currency; manufacture and sale of prohibited arms; and cyber-terrorism, was passed with a majority of 278 votes in favour and six against in theLok Sabha. It was also passed in theRajya Sabha after those opposed to it staged a walkout.[16] This amendment will now also allow NIA to investigate theSri Lanka Easter Bombings andKabul Gurudwara bombing.[17]

Vision

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The organisation aims to be a thoroughly professional investigative agency matching the best international standards. It aims 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. It also aims at creating deterrence for existing and potential terrorist groups/individuals. It aims to develop as a storehouse of all terrorist related information.[18]

Jurisdiction

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The Agency has been empowered to conduct investigation and prosecution of offences under the Acts specified in the Schedule of the NIA Act.[6] A State Government may request the Central Government to hand over the investigation of a case to the NIA, provided the case has been registered for the offences as contained in the schedule to the NIA Act. The Central Government can also order NIA to take over investigation of any scheduled offence anywhere in the India. Officers of the NIA who are drawn from theIndian Police Service andIndian Revenue Service have all powers, privileges and liabilities which police officers have in connection with investigation of any offence.[19]

In 2016, Home MinisterRajnath Singh wanted to end the central agency's dependence on approval from state police chiefs before confiscating or attaching assets of people accused of crime.[20]

The National Investigation Agency (Amendment) Act, 2019 states that, officers of the NIA will have the power to investigate scheduled offences committed outside India, subject to international treaties and domestic laws of other countries.[21] The central government may direct the NIA to investigate such cases, as if the offence has been committed in India. The Special Court in New Delhi will have jurisdiction over these cases.[22]

Special NIA Courts

[edit]

Various Special Courts have been established by the Central Government of India for trial of the cases registered at various police stations of NIA under Section 11 and 22 of the NIA Act 2008. Any question as to the jurisdiction of these courts is decided by the Central Government. These are presided over by a judge appointed by the Central Government on the recommendation of the Chief Justice of the High Court with jurisdiction in that region. TheSupreme Court of India has also been empowered to transfer the cases from one special court to any other special court within or outside the state if in the interest of justice in light of the prevailing circumstances in any particular state. The NIA Special Courts are empowered with all powers of the court of sessions underCode of Criminal Procedure, 1973 for trial of any offence.[6]

Trial by these courts are held on a day-to-day basis on all working days and have precedence over the trial of any other case against the accused in any other court (not being a Special Court) and have to be concluded in preference to the trial of such other case. An appeal from any judgement, sentence or order, not being an interlocutory order, of a Special Court lies to the High Court both onfacts and onlaw. Such an appeal can be heard by a division bench of two Judges of the High Court. At present there are 38 Special NIA Courts.[23] State Governments have also been empowered to appoint one or more such special courts in their states.[6]

Success of NIA

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Individual terrorists

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In 2012, NIA with the assistance ofInterpol andSaudi Intelligence agencies, successfully arrested terrorists namely:Abu Jundal aliasAbu Hamza (Indian national),Fasih Mohammad andYaseen Bhatkal (Indian Mujahideen).[24]

In 2013, NIA was successful in arresting two senior members of Indian Mujahideen, namely Ahmed Siddibappa Zaraar alias Yasin Bhatkal and Asadullah Akhtar alias Haddi, at the Indo—Nepal border in Bihar on 29 August 2013.[citation needed] These two were instrumental in the commission of a number of terrorist attacks across the country for the past several years[citation needed], under the banner of Indian Mujahideen, a proscribed terrorist organisation.

On 8 April 2025, a team of NIA agents took custody ofTahawwur Rana from theUnited States Marshals Service, a co-conspirator of theNovember 2008 terror attacks in Mumbai, after his plea to stop extradition was rejected by theSupreme Court of the United States.[25][26]The plane carrying Rana reached the Palam Air base in New Delhi on 10 April 2025.[27] He was immediately sent to an 18-day NIA custody by a special NIA court in Delhi, and is currently being interrogated for his involvement in the attack as well as face trial for the attack.[28]

Terrorist organisations

[edit]

Jammu and Kashmir war on terror

[edit]

NIA has been active in the war against terror inJammu and Kashmir. On 18 January 2019, NIA filed achargesheet against 12 people includingLashkar-e-Taiba terror group chiefHafiz Saeed andHizbul Mujahideen chiefSyed Salahuddin.[29][30] This chargesheet was filed after nearly eight months of investigations spanning six states in India during which over 300 witnesses were examined, 950 "incriminating documents" and 600 electronic devices were seized.[31] NIA has also stated that the war against terror in Kashmir is not about terror funding alone, it's about a conspiracy to wage war against India.[32] During the investigation the NIA has arrested people allegedly involved in stone-pelting incidents for the first time including Kashmiri photojournalistKamran Yusuf.[33][34][35]

Naxals

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It has identified twoNaxalite commanders in Bastar who were part of the ambush that killed almost the entire Congress' Chhattisgarh top brass.[36]

Foreign militant groups behind Manipur violence

[edit]

On 30 September 2023, in a joint operation withManipur Police, NIA arrested a 51-year-old man, Seiminlun Gangte, fromChurachandpur, Manipur for'transnational conspiracy by terror outfits in Myanmar and Bangladesh to wage war against the government of India by exploiting theethnic unrest in Manipur'. NIA announced thatthe mentioned militant outfits have been providing funds to procure arms, ammunition and other types of terrorist hardware, which are being sourced both, from across the border, as well as from other terrorist outfits active in northeastern states of India.[37][38][39][40][41]

Constitutionality

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Under the constitution of India, law and order is a state subject. In 2020 Chhatishgarh state filed a case against the act in the supreme court that the said act violates the constitution.[42] A US Embassy cable accessed byThe Hindu says that union home minister P Chidambaram, in his discussion with FBI DirectorRobert Mueller, was coming 'perilously close to crossing constitutional limits' in empowering the NIA,[43] and also that the National Investigation Agency's powers could be challenged in the courts as violating constitutional provisions on Centre-State relations.[44] These ambiguities that the states' privilege is being encroached upon by the Centre using this act are resolved using the 'doctrine of Pith and Substance'. The central government states that the NIA is a necessary body to fight threats to national security.[45]

In popular culture

[edit]
  • NIA has been depicted in theAmazon Prime Video's seriesThe Family Man featuringManoj Bajpayee in the role of an NIA officer named Srikant Tiwari.[46]
  • L2: Empuraan is a 2025 Malayalam movie which shows a villain instructing theHome Minister to direct the NIA to issue an arrest warrant for a non-bailable offense. Due to political pressure from the central government, The officials then arrest a politician. The NIA logo was also used in the movie without permission, leading to controversy and NIA Kochi taking action against the film regarding the defamation. It was later removed and the movie was re-released.[47][48][49][50]
  • The NIA has been featured in the 2024 movieArticle 370. ActressYami Gautam portrays as NIA agent Zooni Haksar.

See also

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References

[edit]
  1. ^NIA officer Mohammed Tanzil shot dead as children watched "Ahmad, who has been with the NIA ever since the organisation was formed in February 2009..."
  2. ^"With shoe-string budget, NIA poorly equipped for counterterrorism".The Times of India. 7 November 2014. Archived fromthe original on 29 August 2017. Retrieved25 July 2016.
  3. ^"Notes on Demands for Grants, 2023-2024"(PDF).indiabudget.gov.in.
  4. ^"NIA to have new HQ complex on Tuesday".The Economic Times.
  5. ^ab"National Investigation Agency: About Us". National Investigation Agency. Archived fromthe original on 8 July 2013. Retrieved16 June 2013.
  6. ^abcd"National Investigation Agency Act 2008"(PDF). National Investigation Agency. Archived fromthe original(PDF) on 4 May 2013. Retrieved16 June 2013.
  7. ^TNN (16 December 2008)."Finally, govt clears central terror agency, tougher laws".The Times of India.Archived from the original on 22 October 2012. Retrieved28 September 2013.
  8. ^"Cabinet clears bill to set up federal probe agency". Ndtv.com. Archived fromthe original on 8 May 2013. Retrieved9 December 2012.
  9. ^PTI (16 December 2008)."Govt tables bill to set up National Investigation Agency".The Times of India. Archived fromthe original on 22 October 2012. Retrieved28 September 2013.
  10. ^"Branch Offices". National Investigation Agency.
  11. ^"About Us | National Investigation Agency".
  12. ^"Ranks in NIA".
  13. ^Ramkumar, Justice V. (3 April 2022)."Power of The "N.I.A. Special Court" To Tender Pardon to an Accomplice".livelaw.in. Retrieved15 May 2024.
  14. ^Naved, Sarim (24 July 2019)."Between the NIA Amendment and Now UAPA, the Squeeze on Human Rights is On".The Wire. Retrieved15 May 2024.
  15. ^"Parliament approves Bill to give NIA more teeth".India Today. Press Trust of India New Delhi. 17 July 2019. Retrieved29 July 2019.
  16. ^"The NIA (Amendment) Bill 2019 – a brief explainer".The Leaflet. 19 July 2019. Retrieved29 July 2019.
  17. ^"NIA to probe terror attack on gurdwara in Afghanistan; first overseas case registered by agency".The New Indian Express. 1 April 2020. Retrieved27 April 2020.
  18. ^"Vision and Mission". National Investigation Agency. Retrieved9 December 2012.
  19. ^"Frequently Asked Questions". National Investigation Agency. Archived fromthe original on 4 July 2013. Retrieved16 June 2013.
  20. ^Tikku, Aloke (22 December 2016)."Govt wants more power for NIA, move could eat into states' rights 00:29 IST".Hindustan Times. Archived fromthe original on 8 February 2019. Retrieved8 February 2019.
  21. ^"What is the NIA Amendment Bill?".Deccan Herald. Retrieved19 January 2025.
  22. ^"Amended NIA Act with powers to probe abroad comes into force".The Economic Times. Retrieved13 August 2020.
  23. ^"National Investigation Agency – Courts". Archived fromthe original on 5 June 2013. Retrieved16 June 2013.
  24. ^"Saudi sends IM terror suspect back to India".Hindustan Times. Archived fromthe original on 13 May 2013. Retrieved28 September 2013.
  25. ^"Rana loses his last ditch bid to thwart extradition to India".MSN.
  26. ^"Mumbai terror attacks accused extradited by US arrives in India".BBC. Retrieved10 April 2025.
  27. ^"Mumbai terror attacks accused extradited by US arrives in India".BBC. Retrieved10 April 2025.
  28. ^Singh, Shekhar (11 April 2025)."Delhi court sends 26/11 attack accused Tahawwur Hussain Rana to 18-day NIA custody".The New Indian Express. Retrieved13 April 2025.
  29. ^"National Investigation Agency charges LeT chief Hafiz Saeed with sedition".The New Indian Express. Retrieved28 January 2018.
  30. ^"Kashmir terror funding: NIA files chargesheet against 12 people, including Hafiz Saeed and Syed Salahuddin – Firstpost".firstpost.com. 18 January 2018. Retrieved28 January 2018.
  31. ^"NIA files chargesheet in Kashmir terror funding case: Shrinking influence of separatists opens up opportunity for dialogue – Firstpost".firstpost.com. 19 January 2018. Retrieved28 January 2018.
  32. ^"Pakistan Embassy Officials Involved in Kashmir Terror Funding: NIA".NDTV.com. Retrieved28 January 2018.
  33. ^"Journalists protest in Srinagar after Kamran Yousuf's arrest by NIA".The Indian Express. 7 September 2017. Retrieved29 January 2018.
  34. ^"Terror funding case: Kashmir freelance photo-journalist amongst 2 arrested for stone-pelting".India Today. 5 September 2017. Retrieved29 January 2018.
  35. ^"India charges photojournalist arrested in Kashmir in September with sedition, other crimes".cpj.org. 18 January 2018. Retrieved29 January 2018.
  36. ^"NIA cracks Bastar ambush case as Naxal Usendi Sings".The Economic Times. 24 January 2014. Retrieved24 January 2014.
  37. ^"NIA_India/status/1708141536645710115".X (formerly Twitter). Retrieved3 October 2023.
  38. ^"Delhi court extends NIA custody of Manipur violence suspect Seiminlun Gangte".Hindustan Times. 3 October 2023. Retrieved3 October 2023.
  39. ^Singh, Vijaita (30 September 2023)."NIA arrests one from Manipur's Churachandpur for 'waging war against India'".The Hindu.ISSN 0971-751X. Retrieved3 October 2023.
  40. ^"Manipur News: NIA arrests two in transnational conspiracy case".mint. 30 September 2023. Retrieved3 October 2023.
  41. ^"'Every arrest based on evidence': CBI, NIA refute allegations of high-handedness, partiality in Manipur cases".The Times of India. 2 October 2023.ISSN 0971-8257. Retrieved3 October 2023.
  42. ^"Cong-ruled Chhattisgarh moves SC against NIA Act enacted by Cong-led UPA".Hindustan Times. 15 January 2020.
  43. ^"Chidambaram was unsure of NIA's constitutionality".Hindustan Times. 19 March 2011. Retrieved10 May 2021.
  44. ^"Chidambaram was unsure of NIA's constitutionality".Hindustan Times. 19 March 2011.
  45. ^Garg, Varun (3 January 2021)."Examining the legality of the NIA Act".Law and Other Things. Retrieved10 May 2021.
  46. ^"Before you watch 'The Family Man' on Amazon Prime, here's everything you might wanna know about the NIA".GQ India. 8 September 2019. Retrieved30 June 2022.
  47. ^"എമ്പുരാനിൽ എൻഐഎയുടെ ചിഹ്നം ദുരുപയോഗം ചെയ്തു".www.keralavisionnews.com (in Malayalam). Retrieved1 April 2025.
  48. ^Daily, Keralakaumudi."Re-edited version of Empuraan to release today, mastering done at actor Nagarjuna's studio".Keralakaumudi Daily. Retrieved1 April 2025.
  49. ^Service, Indo-Asian News (30 March 2025)."Kerala BJP chief Rajeev Chandrasekhar to boycott controversial film 'Empuraan'".The Siasat Daily. Retrieved1 April 2025.
  50. ^Daily, Keralakaumudi."Re-edited Empuraan to hit theatres; Villain's name changed in 18 places".Keralakaumudi Daily. Retrieved1 April 2025.

External links

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