Sections 13 to 18 of the National Security Act, 1980
Maximum period of preventive detention, revocation and modification, subsequent detention orders, temporary release, protection for good-faith action, State-law detentions, and repeal and saving.
Sections 13 to 18 contain the concluding provisions of the National Security Act, 1980. They regulate the maximum duration of a confirmed detention, powers to revoke or modify detention orders, the conditions governing another detention order against the same person, temporary release, protection for acts done in good faith, transitional treatment of specified State-law detention orders, and the repeal and saving of the National Security Ordinance, 1980.
Section 13 - Maximum period of detention
Meaning: Section 13 fixes the statutory maximum period for detention under an order that has been confirmed under Section 12. It does not prevent the appropriate Government from revoking or modifying the detention order earlier.
Section 13. Maximum period of detention.
The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under Section 12 shall be twelve months from the date of detention:
Provided that nothing contained in this section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time.
The twelve-month period is therefore a statutory ceiling for a detention order confirmed under Section 12, not a requirement that every confirmed detention continue for twelve months.
Section 14 - Revocation of detention orders
Meaning: Section 14 supplements the general power recognised by Section 21 of the General Clauses Act, 1897. It identifies the authorities that may revoke or modify detention orders and regulates the making of another detention order against the same person after expiry or revocation of an earlier order.
Section 14. Revocation of detention orders.
(1) Without prejudice to the provisions of Section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified -
(a) notwithstanding that the order has been made by an officer mentioned in sub-section (3) of Section 3, by the State Government to which that officer is subordinate or by the Central Government;
(b) notwithstanding that the order has been made by a State Government, by the Central Government.
(2) The expiry or revocation of a detention order, referred to in the provision as the earlier detention order, does not by itself bar another detention order under Section 3 against the same person. Where no fresh facts have arisen after expiry or revocation of the earlier order, the statutory proviso limits the maximum period of detention under the subsequent order so that it cannot extend beyond twelve months from the date of detention under the earlier order.
Section 15 - Temporary release of persons detained
Meaning: Section 15 authorises the appropriate Government to temporarily release a detained person for a specified period, either unconditionally or on conditions accepted by that person. It also regulates bonds, surrender after release, punishment for failure to surrender, and forfeiture for breach of conditions.
Section 15. Temporary release of persons detained.
(1) The appropriate Government may, at any time, direct that any person detained in pursuance of a detention order may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.
(2) In directing the release of any person under sub-section (1), the appropriate Government may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction.
(3) Any person released under sub-section (1) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.
(5) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
Section 16 - Protection of action taken in good faith
Meaning: Section 16 provides statutory protection for specified action done or intended to be done in good faith in pursuance of the National Security Act.
Section 16. Protection of action taken in good faith.
No suit or other legal proceeding shall lie against the Central Government or a State Government, and no suit, prosecution or other legal proceeding shall lie against any person, for anything in good faith done or intended to be done in pursuance of this Act.
The protection is expressly tied to action done or intended to be done in good faith and in pursuance of the Act.
Section 17 - Act not to have effect with respect to detentions under State laws
Meaning: Section 17 is a transitional provision dealing with detention orders under State preventive-detention laws that were in force immediately before commencement of the National Security Ordinance, 1980. Such detention remained governed by the relevant State law or specified replacement enactment as provided by the section.
Section 17. Act not to have effect with respect to detentions under State laws.
(1) Nothing in this Act shall apply or have any effect with respect to orders of detention made under any State law which were in force immediately before the commencement of the National Security Ordinance, 1980. The section preserves the operation of the relevant State law and, in the circumstances specified in clauses (i) and (ii), a State enactment replacing a State Ordinance.
(2) Nothing in this section bars the making of a detention order under Section 3 against a person referred to in sub-section (1) after the earlier State-law detention order ceases to have effect for any reason.
Explanation: For this section, "State law" means a law providing for preventive detention on all or any of the grounds on which an order may be made under Section 3(2), and which was in force in a State immediately before commencement of the National Security Ordinance, 1980.
Section 18 - Repeal and saving
Meaning: Section 18 repealed the National Security Ordinance, 1980 while preserving actions already taken under it by deeming them to have been taken under the corresponding provisions of the Act.
Section 18. Repeal and saving.
(1) The National Security Ordinance, 1980, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act, as if this Act had come into force on the 23rd day of September, 1980. The provision also preserves the continuation of specified references pending before an Advisory Board when the Act received Presidential assent.
Official statutory sources
The Ministry of Home Affairs publishes the National Security Act, 1980 and identifies a version containing the latest amendments. India Code provides the Central Act text and amendment footnotes. These official sources should be consulted for authoritative wording and legislative history.
This article provides general legal information. Preventive detention is governed by the Constitution of India, the National Security Act, 1980 and applicable judicial decisions.