Supreme Court of India has ruled that the National Investigation Agency (NIA) can investigate non-scheduled offences under police jurisdiction if they are linked to scheduled offences under the NIA Act, 2008.

Key Highlights of the Judgment

• Scope of Investigation Expanded: NIA can now probe non-scheduled offences if evidence links them to scheduled offences under its jurisdiction. The decision aims to ensure comprehensive investigations into crimes with interconnected elements.
• Focus on Cross-Border Narco-Terrorism: The judgment emphasized concerns over the proliferation of drug abuse facilitated by cross-border smuggling.
• Connection Between Offences: If an additional offence is connected to a scheduled offence, NIA can investigate it, ensuring no aspect of a case is overlooked.

This ruling supports the Centre’s decision to allow NIA to handle cases under the NDPS Act in the context of cross-border narco-terrorism.

Scheduled Offences under the NIA Act, 2008

The NIA Act, 2008 specifies offences that NIA is authorized to investigate, including:

• Atomic Energy Act, 1962
• Anti-Hijacking Act, 1982
• SAARC Convention (Suppression of Terrorism) Act, 1993
• Unlawful Activities (Prevention) Act, 1967

About the National Investigation Agency (NIA)

Functions as India’s Central Counter-Terrorism Law Enforcement Agency.

Establishment: Founded in 2008 after the 26/11 Mumbai attacks.

Headquarters: New Delhi

Zonal Offices: Guwahati and Jammu

Mandate:

• Investigates offences affecting India’s sovereignty, security, and integrity.
• Handles crimes specified in the Schedule to the NIA Act, including acts of terrorism and offences impacting friendly relations with foreign states.

Steps to Strengthen NIA

• NIA Amendment Act, 2019: Expanded NIA’s mandate to include offences like Human trafficking, Manufacture/sale of prohibited arms, Cyber-terrorism. It also granted jurisdiction to investigate crimes committed outside India.
• Designation as Nodal Agency: NIA serves as the Central Nodal Agency for investigating terror funding and Fake Indian Currency Notes (FICN).
• Data-Driven Capabilities: Established the National Terror Data Fusion & Analysis Centre (NTDFAC) to leverage Big Data Analytics for tracking and analyzing terrorism-related activities.

Comparison between NIA and CBI

NIA	CBI
Statutory Body	Non-Statutory Body
Functions under Ministry of Home Affairs	Functions under Ministry of Personnel, Public Grievances and Pensions
Its main focus is on counter-terrorism	Its main focus is on Corruption Investigation