Context:

Recently, the Supreme Court ruled that the National Investigation Agency’s (NIA) powers to probe is not restricted to probing only scheduled offences but can also investigate non-scheduled offences if connected to scheduled offences.

Background of the Case

As per the schedule of the NIA Act, offences under eight laws are mentioned. 

It was alleged by the NIA that the accused is the main aide of the wanted accused, against whom charges under the Unlawful Activities (Prevention) Act were slapped.

• In the present case, offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), which are not scheduled offences, were also involved.

NIA was asked to take over the Narcotic Drugs and Psychotropic Substances (NPDS) Act cases after it had already been entrusted to probe into offences under the Unlawful Activities (Prevention) Act (UAPA) 1967. 

• UAPA offences are scheduled offences under the NIA Act.

What SC has said?

While interpreting Section 8 of the NIA Act 2008, the SC held that "any other offence" under the NIA Act is broad, encompassing offences outside the NIA Schedule if connected to a scheduled offence.

However, the following conditions need to be met: 

• The NIA believes that the investigation should include other accused persons who are suspected of committing offences related to the scheduled offence.
• The NIA should submit a report to the central government outlining this opinion.
• The central government, after considering the report, may direct the NIA to investigate the additional accused, using its powers under Section 5(6) and Section 8 of the NIA Act.
• Any investigation into the additional accused should be conducted together with the ongoing investigation, where possible, due to the connection between the scheduled offence and the other offences.

The Supreme Court clarified this legal position while upholding an order of the Punjab & Haryana High Court. 

National Investigation Agency (NIA)

• It was set up under the National Investigation Agency Act, 2008 as a Central Counter Terrorism Law Enforcement Agency in the wake of the 26/11 Mumbai attacks.
• The Agency investigates and prosecutes offences affecting the sovereignty, security, and integrity of India
• Headquarter: - New Delhi.
• It comes under the ambit of the Ministry of Home Affairs.
• The NIA (Amendment) Act, 2019 empowered the agency to investigate scheduled offences involving Indian citizens or Indian interests that are committed outside India.
• Section 8 of the NIA Act 2008 (Power to investigate connected offences): While investigating any Scheduled Offence, the Agency may also investigate any other offence that the accused is alleged to have committed if the offence is connected with the Scheduled Offence.