THE NATIONAL SECURITY ACT, 1980

What is the short title of the Act providing for preventive detention in certain cases?

The Act is called the National Security Act, 1980.

What is the Act number of the National Security Act, 1980?

The Act No. 65 of 1980.

On which date did the National Security Act, 1980 receive enactment?

The National Security Act, 1980 was enacted on 27th December, 1980.

What is the primary object of the National Security Act, 1980?

The primary object of the Act is to provide for preventive detention in certain cases.

Does the National Security Act, 1980 deal only with preventive detention?

No, it also deals with matters connected therewith.

Which authority enacted the National Security Act, 1980?

The National Security Act, 1980 was enacted by Parliament.

In which year of the Republic of India was the National Security Act, 1980 enacted?

It was enacted in the Thirty-first Year of the Republic of India.

What does section 1 deal with?

Short Title and Extent

What the short title of the Act is as provided under Section 1?

The Act may be called the National Security Act, 1980.

To which territorial extent does the National Security Act, 1980 apply?

It extends to the whole of India.

Under which provision is the territorial extent of the National Security Act, 1980 specified?

The territorial extent is specified under Section 1(2).

What does section 2 deals with?

Definitions

What does the expression “appropriate Government” mean defined under section 2(a) of the National Security Act, 1980?

“appropriate Government” means, as respects a detention order made by the Central Government or a person detained under such order, the Central Government, and as respects a detention order made by a State Government or by an officer subordinate to a State Government or as respects a person detained under such order, the State Government

What is meant by a “detention order” defined under section 2(b) of the National Security Act, 1980?

A detention order means an order made under Section 3 of the Act.

How is the term “foreigner” defined under the section 2(c) of the National Security Act, 1980?

The term “foreigner” has the same meaning as assigned under the Foreigners Act, 1946.

Does the definition of “person” defined under section 2(d) of the National Security Act, 1980 include a foreigner?

Yes, the term “person” includes a foreigner.

The term “state government” is defined under the section?

Section 2(e)

Who is regarded as the State Government in relation to a Union territory under the Act?

In relation to a Union territory, means the administrator thereof.

What does section 3 deals with?

Power to make orders detaining certain persons

Who is empowered to make a detention order under Section 3 of the National Security Act, 1980?

The Central Government or the State Government is empowered to make a detention order.

On what ground relating to national interests can a person be preventively detained under Section 3(1)(a)?

if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India

Can preventive detention be ordered under the Act to regulate the presence of a foreigner in India?

Yes, a foreigner may be detained to regulate his continued presence in India.

For what purpose can a foreigner be detained under Section 3(1)(b) of the Act?

If satisfied with respect to any foreigner that with a view to regulating his continued presence in India or with a view to making arrangements for his expulsion from India, it is necessary so to do, make an order directing that such person be detained.

Is subjective satisfaction required for making a detention order under Section 3?

Yes, the Central or State Government must be satisfied that detention is necessary.

Under Section 3(2), for what State-related grounds can a person be detained?

A person can be detained to prevent acts prejudicial to the security of the State.

Can a person be detained to prevent acts prejudicial to public order under the Act?

Yes, detention may be ordered to prevent acts prejudicial to the maintenance of public order.

Is preventive detention permissible to protect essential supplies and services under Section 3(2)?

Yes, detention may be ordered to prevent acts prejudicial to the maintenance of supplies and services essential to the community.

Does the Act permit detention for black marketing of essential commodities?

No, detention for such grounds is excluded under the Explanation to Section 3(2).

Which statute governs detention for acts prejudicial to the maintenance of supplies of essential commodities?

The Prevention of Black marketing and Maintenance of Supplies of Essential Commodities Act, 1980 governs such detention.

Can a detention order under the National Security Act be passed on grounds covered by the Black-marketing Act?

No, no detention order can be made under this Act on grounds covered by the Black-marketing Act.

What is expressly excluded from the meaning of “supplies and services essential to the community” under Section 3(2)?

Supplies of commodities essential to the community as defined under the Black-marketing Act are excluded.

Under Section 3(3), which authorities may be empowered by the State Government to exercise detention powers?

A District Magistrate or a Commissioner of Police may be empowered.

On what basis can the State Government delegate detention powers under Section 3(3)?

The delegation can be made having regard to circumstances prevailing or likely to prevail in the area.

For what duration can the State Government initially confer detention powers under Section 3(3)?

The initial period shall not exceed three months.

Can the period of delegated detention powers under Section 3(3) be extended?

Yes, it may be extended from time to time by periods not exceeding three months each.

Under which satisfaction must a District Magistrate or Commissioner of Police exercise detention powers?

They must be satisfied as provided under Section 3(2).

What is the reporting obligation of an officer making a detention order under Section 3(3)?

He must forthwith report the order to the State Government with grounds and relevant particulars.

How long can a detention order made by an officer remain in force without State Government approval?

Such order cannot remain in force for more than twelve days without approval.

What is the consequence if the State Government does not approve an officer-made detention order within the prescribed time?

The detention order ceases to remain in force.

In what situation is the twelve-day approval period extended to twenty days?

When grounds of detention are communicated after five days but not later than fifteen days under Section 8.

Who is required to report detention orders to the Central Government under Section 3(5)?

The State Government is required to report the detention orders.

Within what time must the State Government report a detention order to the Central Government?

The report must be made within seven days.

What details must accompany the State Government’s report to the Central Government under Section 3(5)?

The grounds of detention and other relevant particulars must accompany the report.

What does section 4 deals with?

Executive of detention orders

At what places can a detention order under the National Security Act, 1980 be executed?

A detention order may be executed at any place in India.

In what manner is a detention order required to be executed under Section 4?

It shall be executed in the manner provided for execution of warrants of arrest.

Which procedural law governs the execution of detention orders under the Act?

The Code of Criminal Procedure, 1973 governs the execution.

To which type of warrant is the execution of a detention order equated under Section 4?

It is equated to the execution of a warrant of arrest.

What does section 5 deals with?

Power to regulate place and conditions of detention

Who has the power to regulate the place and conditions of detention under Section 5?

The appropriate Government has the power to regulate the place and conditions of detention.

What aspects of detention conditions can be specified by the appropriate Government under Section 5(a)?

It may specify conditions relating to maintenance, discipline, and punishment for breaches of discipline.

Can the appropriate Government issue general or special orders regarding detention conditions?

Yes, the appropriate Government may issue general or special orders.

Is a detained person liable to be transferred from one place of detention to another?

Yes, a detained person may be removed from one place of detention to another.

Can a detained person be transferred to a place of detention in another State?

Yes, transfer to another State is permissible.

What restriction applies to inter-State transfer of a detained person by a State Government?

Consent of the Government of the other State is mandatory.

Which authority can order the removal of a detained person from one detention place to another?

The appropriate Government can order such removal.

What does section 5A deals with?

Grounds of detention severable

The section 5A was inserted by?

Ins. by Act 60 of 1984, s. 2 (w.e.f. 21-6-1984)

What does the main provision of Section 5A of the National Security Act, 1980 provide regarding multiple grounds of detention?

It provides that a detention order made under Section 3 on two or more grounds shall be deemed to have been made separately on each ground, whether made before or after the 1984 Amendment.

What is the effect of clause (a) of Section 5A when one or more grounds of detention are vague, non-existent, irrelevant, unconnected, or otherwise invalid?

Clause (a) provides that the detention order shall not be invalid or inoperative, nor can it be held that the detaining authority would not have been satisfied under Section 3 with reference to the remaining grounds.

What is the legal effect of clause (b) of Section 5A regarding the satisfaction of the detaining authority?

Clause (b) deems that the Government or officer made the detention order after being satisfied under Section 3 with reference to the remaining valid ground or grounds.

What does Section 6 of the National Security Act, 1980 deal with?

Section 6 provides that a detention order shall not be invalid or inoperative on certain specified grounds.

What is the effect of clause (a) of Section 6 on the validity of a detention order?

Clause (a) provides that a detention order is not invalid merely because the person to be detained is outside the territorial jurisdiction of the Government or officer making the order.

What is the effect of clause (b) of Section 6 on the validity of a detention order?

Clause (b) provides that a detention order is not invalid merely because the place of detention is outside the territorial jurisdiction of the Government or officer making the order.

What does Section 7 deal with?

It deals with power in relation to absconding persons.

What is the power under Section 7(1) when a person has absconded or is concealing himself?

The Central Government or State Government or an officer mentioned in sub-section (3) of section 3 may report the fact to a Metropolitan or Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides or direct the person by Gazette notification to appear before an officer at a specified place and time.

What is the effect of Section 7(2) when a report is made under Section 7(1)(a)?

Sections 82, 83, 84, and 85 of the CrPC apply as if the detention order were a warrant issued by the Magistrate.

What is the consequence under Section 7(3) for failing to comply with an order issued under Section 7(1)(b)?

The person is punishable with imprisonment up to one year, or fine, or both, unless he proves it was impossible to comply and informed the officer within the specified period.

What is the significance of Section 7(4) regarding offences under Section 7(3)?

Every offence under Section 7(3) shall be cognizable notwithstanding anything in the CrPC.

What does Section 8 deal with?

It deals with the disclosure of grounds of detention to the person affected by the detention order.

What is the obligation under Section 8(1) regarding communication of grounds of detention?

The authority must communicate the grounds to the detained person as soon as may be, ordinarily within five days, or in exceptional circumstances within fifteen days, and afford him an opportunity to make a representation to the appropriate Government.

What is the limitation under Section 8(2) on disclosure of grounds of detention?

The authority is not required to disclose facts which it considers against the public interest to disclose.

What does Section 9 deal with?

It deals with the constitution of Advisory Boards under the National Security Act, 1980.

What is the composition requirement of an Advisory Board under Section 9(2)?

Each Advisory Board shall consist of three persons who are, have been, or are qualified to be appointed as Judges of a High Court, appointed by the appropriate Government.

What are the appointment rules under Section 9(3) for the Chairman and members from Union territories?

The appropriate Government shall appoint one member who is, or has been, a High Court Judge as Chairman, and for Union territories, the appointment of any High Court Judge requires previous approval of the State Government concerned.

What does Section 10 deal with?

It deals with the reference of detention orders and related representations to the Advisory Boards.

What is the time frame under Section 10 for placing a detention order before the Advisory Board?

The appropriate Government shall place the detention order before the Advisory Board within three weeks from the date of detention.

What materials must be placed before the Advisory Board under Section 10?

The grounds of the detention order, any representation made by the detained person, and if the order is made by an officer under Section 3(3), also the report by that officer under Section 3(4) must be placed before the Board.

What does Section 11 deal with?

It deals with the procedure of Advisory Boards

What is the time frame and procedure for the Advisory Board to submit its report under Section 11(1)?

The Advisory Board shall consider materials, call for further information if necessary, hear the person if essential or requested, and submit its report to the appropriate Government within seven weeks from the date of detention.

What must the report of the Advisory Board specify under Section 11(2)?

The report must specify in a separate part the opinion of the Advisory Board on whether there is sufficient cause for the detention.

How is a difference of opinion among Advisory Board members addressed under Section 11(3)?

The opinion of the majority of members shall be deemed to be the opinion of the Board.

What limitation on legal representation and confidentiality is imposed under Section 11(4)?

A detained person is not entitled to appear by a legal practitioner, and the proceedings and report, except the part specifying the Board’s opinion, shall be confidential.

What does Section 12 deal with?

It deals with the action upon the report of the Advisory Board.

What is the action under Section 12(1) when the Advisory Board reports sufficient cause for detention?

The appropriate Government may confirm the detention order and continue the detention for such period as it thinks fit.

What is the action under Section 12(2) when the Advisory Board reports no sufficient cause for detention?

The appropriate Government shall revoke the detention order and release the person concerned forthwith.

What does Section 13 deal with?

It deals with the maximum period of detention under a confirmed detention order.

What is the maximum period for which a person may be detained under Section 13?

The maximum period of detention is twelve months from the date of detention.

What proviso is included in Section 13 regarding the power of the appropriate Government?

The appropriate Government retains the power to revoke or modify the detention order at any earlier time.

What does Section 14 deal with?

It deals with the revocation of detention orders under the National Security Act, 1980.

What power does Section 14(1)(a) confer regarding detention orders made by officers under Section 3(3)?

It allows the State Government to which the officer is subordinate, or the Central Government, to revoke or modify such a detention order at any time.

What power does Section 14(1)(b) confer regarding detention orders made by a State Government?

It allows the Central Government to revoke or modify a detention order made by a State Government at any time.

What does Section 14(2) provide about making a subsequent detention order after expiry or revocation of an earlier order?

Expiry or revocation of an earlier detention order does not bar the making of another detention order against the same person, whether the earlier order was made before or after the 1984 Amendment.

What limitation is imposed in the proviso to Section 14(2) when no fresh facts have arisen?

If no fresh facts have arisen after the earlier detention order, the maximum period for detention under the subsequent order cannot exceed twelve months from the date of detention under the earlier order.

What does Section 14A deal with?

It deals with the circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards.

The section 14 A was added by which amendment?

Ins. by Act 27 of 1987, s. 3 (w.e.f. 9-6-1987) earlier section 14A was inserted vide the National Security (Amendment) Act, 1984 (24 of 1984), s. 5.

What is the main provision under Section 14A(1) regarding detention beyond three months?

Any person detained under this Act before 8th June 1989 may be detained for a period longer than three months, but not exceeding six months, without obtaining the opinion of the Advisory Board.

Under Section 14A(1)(i), in what situation can a person be detained beyond three months?

A person may be detained to prevent interference with the efforts of the Government in coping with terrorist and disruptive activities in any disturbed area.

Under Section 14A(1)(ii), in what ways can a person’s actions justify detention beyond three months?

A person may be detained to prevent actions prejudicial to (a) the defence of India, (b) the security of India, (c) the security of the State, (d) the maintenance of public order, or (e) the maintenance of supplies and services essential to the community.

What is provided under Explanation 1 to Section 14A?

The provisions of the Explanation to Section 3(2) apply for the purposes of this sub-section as they apply to that sub-section.

What is defined under Explanation 2 to Section 14A?

"Disturbed area" means any area declared by notification under Section 3 of the Punjab Disturbed Areas Act, 1983 or the Chandigarh Disturbed Areas Act, 1983 to be a disturbed area.

What is defined under Explanation 3 to Section 14A?

"Terrorist and disruptive activities" means "terrorist acts" and "disruptive activities" within the meaning of the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987.

What does Section 14A(2) deal with?

It deals with the modifications to Sections 3, 8, 10 to 14 for persons to whom Section 14A(1) applies.

What modifications are made to Section 3 under Section 14A(2)(a)(i)?

In Section 3(4) proviso, "ten days" is substituted with "fifteen days" and "fifteen days" is substituted with "twenty days".

What modification is made to Section 3(5) under Section 14A(2)(a)(ii)?

In Section 3(5), "seven days" is substituted with "fifteen days".

What modification is made to Section 8(1) under Section 14A(2)(b)?

In Section 8(1), "ten days" is substituted with "fifteen days".

What modification is made to Section 10 under Section 14A(2)(c)?

In Section 10, "shall, within three weeks" is substituted with "shall, within four months and two weeks".

What modifications are made to Section 11 under Section 14A(2)(d)(i) and (ii)?

In Section 11(1), "seven weeks" is substituted with "five months and three weeks", and in Section 11(2), "detention of the person concerned" is substituted with "continued detention of the person concerned".

What modification is made to Section 12 under Section 14A(2)(e)?

In Section 12, "for the detention" is substituted with "for the continued detention" at both occurrences.

What modification is made to Section 13 under Section 14A(2)(f)?

In Section 13, "twelve months" is substituted with "two years".

What modification is made to Section 14 proviso under Section 14A(2)(g)?

In Section 14 proviso to subsection (2), "twelve months" is substituted with "two years".

What does Section 15 deal with?

It deals with the temporary release of persons detained under a detention order.

What power does Section 15(1) confer on the appropriate Government regarding temporary release?

The appropriate Government may direct that any detained person be released for a specified period, either without conditions or upon conditions accepted by the person, and may cancel such release at any time.

What power does Section 15(2) give regarding bonds for temporary release?

The appropriate Government may require the person to enter into a bond with or without sureties for the due observance of the conditions of release.

What obligation does Section 15(3) impose on a person released temporarily?

The person must surrender himself at the time, place, and to the authority specified in the release or cancellation order.

What is the consequence under Section 15(4) for failing to surrender without sufficient cause?

The person is punishable with imprisonment up to two years, or fine, or both.

What is the consequence under Section 15(5) for failing to fulfill conditions of release or bond?

The bond shall be declared forfeited and any person bound thereby shall be liable to pay the penalty.

What does Section 16 deal with?

It deals with the protection of action taken in good faith under the National Security Act, 1980.

Who is protected under Section 16?

The Central Government, State Governments, and any person acting in pursuance of the Act are protected.

What is the scope of protection under Section 16?

No suit, prosecution, or other legal proceeding shall lie for anything done or intended to be done in good faith under the Act.

What does Section 17 deal with?

Act not to have effect with respect to detentions under State laws.

What is the general rule under Section 17(1) regarding existing State law detentions?

Detention orders made under any State law in force immediately before the Ordinance commencement shall not be affected by this Act, and such persons remain governed by the State law or it’s replacing enactment.

How does Section 17(1)(i) apply if the State Ordinance was replaced before the commencement of the Ordinance?

If replaced before commencement by an enactment passed by the State Legislature, that enactment governs the detention as if this Act had not been enacted.

How does Section 17(1)(ii) apply if the State Ordinance was replaced after the commencement of the Ordinance?

If replaced after commencement by an enactment confined to detentions made before commencement under the State Ordinance, that enactment governs the detention as if this Act had not been enacted.

What does Section 17(2) provide regarding making a detention order under Section 3?

Nothing in this section bars the making of a detention order under Section 3 against any person referred to in Section 17(1) after the earlier State detention ceases to have effect.

What is the explanation under Section 17 regarding the meaning of “State law”?

“State law” means any law providing for preventive detention on all or any grounds on which an order may be made under Section 3(2) and in force in any State immediately before the Ordinance commencement.

What does Section 18 deal with?

It deals with the repeal of the National Security Ordinance, 1980, and savings of actions taken under it.

What happens to the National Security Ordinance, 1980 under Section 18(1)?

The National Security Ordinance, 1980 (11 of 1980) is hereby repealed.

What is the effect of Section 18(2) regarding actions taken under the repealed Ordinance?

Anything done or action taken under the Ordinance shall be deemed to have been done under the corresponding provisions of this Act, as if the Act had come into force on 23rd September, 1980.

How are references pending before Advisory Boards under the repealed Ordinance dealt with under Section 18(2)?

Any reference made under Section 10 of the Ordinance and pending before an Advisory Board immediately before the Act received presidential assent may continue to be dealt with by that Board as if it had been constituted under Section 9 of this Act.