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NATIONAL INVESTIGATION AGENCY

29th August, 2022

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In News

  • The Union Minister of Home and Cooperation has inaugurated the office of the National Investigation Agency (NIA) at New Raipur in Chhattisgarh.
  • The Minister has highlighted that the NIA has achieved a conviction rate of nearly 94 %.
  • NIA has extended its operations in 18 States. The Minister has set a target that by May 2024 the NIA will make its presence in all states.

 

 National Investigation Agency

  • The National Investigation Agency (NIA) Act of 2008 established the National Investigation Agency (NIA).
  • It is a central agency charged with investigating and prosecuting crimes:
    • Harming India's sovereignty, security, and integrity, as well as state security and amicable ties with other countries.
    • Oppose nuclear and atomic power plants.
    • High-Quality Counterfeit Indian Currency Smuggling.
  • Its goal is also to fight terrorism in India.
  • The Central Counter-Terrorism Law Enforcement Agency is in charge of it.

Concern

  • Legal Requirements:
    • In the Indian judicial system, no provision allows a domain expert to be a formal member of the evidence-gathering team.
    • In the absence of such a provision, the prosecution risks being charged with evidence tampering if any agency uses a domain expert, as the Criminal Procedure Code only allows the police to gather evidence.
  • Inducement of experts:
    • Domain expertise was also required for efficient use of the instruments used to investigate such crimes.
    • Investigative agencies often suggested inducting specialists and providing necessary staff training during the UPA era.
  • Cross-border investigation:
    • Problems involving many countries demand more skilled and effective teams.
    • Such team formations necessitate a change in the legislation as well as the government's willingness to make the change.
  • Police – the state subject:
    • The preservation of public order and police forces are listed as matters of state in Schedule VII of the Constitution.
    • Criminal law, on the other hand, is on the concurrent list, while national security is on the union list.

 

Way Forward

  • Given that cross-border investigations are frequently required in cybercrime cases, a mechanism of cooperative investigations involving investigators from India and the nations involved should be implemented.
  • The need for team inquiry should be emphasised.
  • It is widely used in many nations. For example, crimes like the ransomware assault on a pipeline network in the United States were probed by teams of police officers and professionals in the disciplines.

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1854891

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