#THE NATIONAL SECURITY ACT, 1980 
_________ 

##ARRANGEMENT OF SECTIONS 
_________ 

SECTIONS 

1. Short title and extent. 
2. Definitions. 
3. Power to make orders detaining certain persons. 
4. Execution of detention orders. 
5. Power to regulate place and conditions of detention. 
5A. Grounds of detention severable. 
6. Detention orders not to be invalid or inoperative on certain grounds. 
7. Powers in relation to absconding persons. 
8. Grounds of order of detention to be disclosed to persons affected by the order. 
9. Constitution of Advisory Boards. 
10. Reference to Advisory Boards. 
11. Procedure of Advisory Boards. 
12. Action upon the report of the Advisory Board. 
13. Maximum period of detention. 
14. Revocation of detention orders. 
14A. Circumstances in which persons may be detained for periods longer than three months without 
obtaining the opinion of Advisory Boards. 
15. Temporary release of persons detained. 
16. Protection of action taken in good faith. 
17.  Act not to have effect with respect to detentions under State laws. 
18. Repeal and saving.
 
 
 
 
#THE NATIONAL SECURITY ACT, 1980 

##ACT NO. 65 OF 1980 

[27th December, 1980.] 

An Act to provide for preventive detention in certain cases and for matters connected therewith. 

BE it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:— 

1. **Short title and extent.**—(1) This Act may be called the National Security Act, 1980. 

(2) It extends to the whole of India. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “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; 

(b) “detention order” means an order made under section 3; 

(c) “foreigner” has the same meaning as in the Foreigners Act, 1946 (31 of 1946); 

(d) “person” includes a foreigner; 

(e) “State Government”, in relation to a Union territory, means the administrator thereof. 

3. **Power to make orders detaining certain persons.**—(1)  The  Central  Government  or  the  State 
Government may,— 

  (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, or 

  (b) 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. 

(2) The Central Government or the State Government may, if satisfied with respect to any person that 
with a view to preventing him from acting in any manner prejudicial to the security of the State or from 
acting  in  any  manner  prejudicial  to  the  maintenance  of  Public  order  or  from  acting  in  any  manner 
prejudicial to the maintenance of supplies and services essential to the community it is necessary so to do, 
make an order directing that such person be detained. 

*Explanation.*—For  the  purposes  of  this  sub-section,  “acting  in  any  manner  prejudicial  to  the 
maintenance of supplies and services essential to the community” does not include “acting in any manner 
prejudicial to the maintenance of supplies of commodities essential to the community” as defined in the 
Explanation  to  sub-section  (1)  of  section  3  of  the  Prevention  of  Black  marketing  and  Maintenance  of 
Supplies of Essential Commodities Act, 1980 (7 of 1980), and accordingly, no order of detention shall be 
made under this Act on any ground on which an order of detention may be made under that Act. 

(3) If, having regard to the circumstances prevailing  or likely to prevail in any area within the local 
limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the State Government is 
satisfied that it is necessary so to do, it may, by order in writing, direct, that during such period as may be 
specified  in  the  order,  such  District  Magistrate  or  Commissioner  of  Police  may  also,  if  satisfied  as 
provided in sub-section (2), exercise the powers conferred by the said sub-section: 

Provided that the  period  specified in an  order  made by  the  State  Government  under  this  sub-section 
shall  not,  in  the  first  instance,  exceed  three  months,  but  the  State  Government  may,  if  satisfied  as 
aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any 
period not exceeding three months at any one time. 

(4)  When  any  order  is  made  under  this  section  by  an  officer  mentioned  in  sub-section  (3),  he  shall 
forthwith report the fact to the State Government to which he is subordinate together with the grounds on 
which the order has been made and such other particulars as, in his opinion, have a bearing on the matter, 
and no such order shall remain in force for more than twelve days after the making thereof unless, in the 
meantime, it has been approved by the State Government: 

Provided that where under section 8 the grounds of detention are communicated by the officer making 
the order after five days but not later than 1[fifteen days] from the date of detention, this sub-section shall 
apply subject to the modification that, for the words “twelve days”, the words “2[twenty days]” shall be 
substituted. 

(5) When  any  order  is  made  or  approved  by  the  State  Government  under  this  section,  the  State 
Government shall, within seven days, report the fact to the Central Government together with the grounds 
on which the order has been made and such other particulars as, in the opinion of the State Government, 
have a bearing on the necessity for the order. 

4. **Execution of detention orders.**—A detention order may be executed at any place in India in the 
manner  provided  for  the  execution  of  warrants  of  arrest  under  the  Code  of  Criminal  Procedure,  1973  
(2 of 1974). 

5. **Power to regulate place and conditions of detention.**—Every  person  in  respect  of  whom  a 
detention order has been made shall be liable— 

(a) to  be  detained  in  such  place  and  under  such  conditions,  including  conditions  as  to 
maintenance,  discipline  and  punishment  for  breaches  of  discipline,  as  the  appropriate  Government 
may, by general or special order, specify; and 

(b) to be removed from one place of detention to another place of detention, whether within the 
same State or in another State, by order of the appropriate Government: 

Provided that no order shall be made by a State Government under clause (b) for the removal of a 
person from one State to another State except with the consent of the Government of that other State. 

5A. **Grounds of detention severable.**—Where a person has been detained in pursuance of an order 
of  detention  [whether  made  before  or  after  the  commencement  of  the  National  Security  (Second 
Amendment) Act, 1984 (60 of 1984)] under section 3 which has been made on two or more grounds, such 
order  of  detention  shall  be  deemed  to  have  been  made  separately  on  each  of  such  grounds  and 
accordingly— 

  (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the 
grounds is or are— 

      (i) vague, 
      (ii) non-existent, 
      (iii) not relevant, 
      (iv) not connected or not proximately connected with such person, or 
      (v) invalid for any other reason whatsoever, 

and it is not, therefore, possible to hold that the Government or officer making such order would have 
been satisfied as provided in section 3 with reference to the remaining ground or grounds and made 
the order of detention; 

  (b) the Government or officer making the order of detention shall be deemed to have made the 
order  of  detention  under  the  said  section  after  being  satisfied  as  provided  in  that  section  with 
reference to the remaining ground or grounds.

6. **Detention orders not to be invalid or inoperative on certain grounds.**—No detention order shall 
be invalid or inoperative merely by reason— 

  (a) that the person to be detained thereunder is outside the limits of the territorial jurisdiction of 
the Government or officer making the order, or 

  (b) that the place of detention of such person is outside the said limits. 

7. **Powers in relation to absconding persons.**—(1)  If  the  Central  Government  or  the  State 
Government  or  an  officer mentioned  in  sub-section  (3)  of  section  3,  as  the  case  may  be,  has  reason  to 
believe that a person in respect of whom a detention order has been made has absconded or is concealing 
himself so that the order cannot be executed, that Government or officer may— 

  (a) make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of 
the first class having jurisdiction in the place where the said person ordinarily resides; 

  (b) by order notified in the Official Gazette direct the said person to appear before such officer, at 
such place and within such period as may be specified in the order. 

(2) Upon the making of a report against any person under clause (a) of sub-section (1), the provisions 
of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply in respect 
of such person and his property as if the detention order made against him were a warrant issued by the 
Magistrate. 

(3) If any person fails to comply  with an order issued under clause (b) of sub-section (1), he shall, 
unless he proves that it was not possible for him to comply therewith and that he had, within the period 
specified  in  the  order,  informed  the  officer  mentioned  in  the  order  of  the  reason  which  rendered 
compliance  therewith  impossible  and  of  his  whereabouts,  be  punishable  with  imprisonment  for  a  term 
which may extend to one year, or with fine, or with both. 

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every 
offence under sub-section (3) shall be cognizable. 

8. **Grounds of order of detention to be disclosed to persons affected by the order.**—(1) When a 
person is detained in pursuance of a detention order, the authority making the order shall, as soon as may 
be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded 
in writing, not later than  1[fifteen days] from the date of detention, communicate to him the grounds on 
which the order has been made and shall afford him the earliest opportunity of making a representation 
against the order to the appropriate Government. 

(2) Nothing  in  sub-section  (1)  shall  require  the  authority  to  disclose  facts  which  it  considers  to  be 
against the public interest to disclose. 

9. **Constitution of Advisory Boards.**—(1) The Central Government and each State Government 
shall, whenever necessary, constitute one or more Advisory Boards for the purposes of this Act. 

(2) Every  such  Board  shall  consist  of  three  persons  who  are,  or  have  been,  or  are  qualified  to  be 
appointed  as,  Judges  of  a  High  Court,  and  such  persons  shall  be  appointed  by  the  appropriate 
Government. 
 
(3) The appropriate Government shall appoint one of the members of the Advisory Board who is, or 
has  been,  a  Judge  of  a  High  Court  to  be  its  Chairman,  and  in  the  case  of  a  Union  territory,  the 
appointment to the Advisory Board of any person who is a Judge of the High Court of a State shall be 
with the previous approval of the State Government concerned. 

10. **Reference to Advisory Boards.**—Save as otherwise expressly provided in this Act, in every case 
where  a  detention  order  has  been  made  under  this  Act,  the  appropriate  Government  shall,  within  three 
weeks from the date of detention of a person under the order, place before the Advisory Board constituted 
by it under section 9, the grounds on which the order has been made and the representation, if any, made 
by the person affected by the order, and in case where the order has been made by an officer mentioned in 
sub-section (3) of section 3, also the report by such officer under sub-section (4) of that section. 

11. **Procedure of Advisory Boards.**—(1) The Advisory Board shall, after considering the materials 
placed  before  it  and,  after  calling  for  such  further  information  as  it  may  deem  necessary  from  the 
appropriate Government or from any person called for the purpose through the appropriate Government 
or  from  the  person  concerned,  and  if,  in  any  particular  case,  it  considers  it  essential  so  to  do  or  if  the 
person  concerned  desires  to  be  heard,  after  hearing  him  in  person,  submit  its  report  to  the  appropriate 
Government within seven weeks from the date of detention of the person concerned. 

(2) The  report  of  the  Advisory  Board  shall  specify  in  a  separate  part  thereof  the  opinion  of  the 
Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned. 

(3) When  there  is  a  difference  of  opinion  among  the  members  forming  the  Advisory  Board,  the 
opinion of the majority of such members shall be deemed to be the opinion of the Board. 

(4) Nothing in this section shall entitle any person against whom a detention order has been made to 
appear by any legal practitioner in any matter connected with the reference to the Advisory Board; and 
the  proceedings  of  the  Advisory  Board  and  its  report,  excepting  that  part  of  the  report  in  which  the 
opinion of the Advisory Board is specified, shall be confidential. 

12. **Action upon the report of the Advisory Board.**—(1) In any case where the Advisory Board has 
reported  that  there  is,  in  its  opinion,  sufficient  cause  for  the  detention  of  a  person,  the  appropriate 
Government may confirm the detention order and continue the detention of the person concerned for such 
period as it thinks fit. 

(2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause 
for the detention of a person, the appropriate Government shall revoke the detention order and cause the 
person concerned to be released forthwith. 

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. 

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  (hereafter  in  this  sub-section  referred  to  as  the 
earlier detention order) shall not [whether such earlier detention order has been made before or after the 
commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] bar the making of 
another detention order (hereafter in this sub-section referred to as the subsequent detention order) under 
section 3 against the same person: 

Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier 
detention order made against such person, the maximum period for which such person may be detained in 
pursuance  of  the  subsequent  detention  order  shall,  in  no  case,  extend  beyond  the  expiry  of  a  period  of 
twelve months from the date of detention under the earlier detention order.

14A. **Circumstances in which persons may be detained for periods longer than three months 
without obtaining the opinion of Advisory Boards.**—(1) Nothwithstanding anything contained in the 
foregoing provisions of this Act, or in any judgment, decree or order of any court or other authority, any 
person in respect of whom an order of detention has been made under this Act at any time before the 8th 
day of June, 1989 may  be  detained  without  obtaining  the  opinion  of  the  Advisory  Board  for  a  period 
longer than three months, but not exceeding six months, from the date of his detention where such person 
had been detained with a view to preventing him, in any disturbed area— 

  (i) from  interfering  with  the  efforts  of  Government  in  coping  with  the  terrorist  and  disruptive 
activities; and 

  (ii) from acting in any manner prejudicial to— 

      (a) the defence of India; or 
      (b) the security of India; or 
      (c) the security of the State; or 
      (d) the maintenance of public order; or 
      (e) the maintenance of supplies and services essential to the community. 

*Explanation 1.*—The provisions of the *Explanation* to sub-section (2) of section 3 shall apply for the 
purposes of this sub-section as they apply for the purposes of that sub-section. 

*Explanation 2.*—In  this  sub-section,  “disturbed  area”  means  any  area  which  is  for  the  time  being 
declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983 (32 of 1983), or under 
section 3 of the Chandigarh Disturbed Areas Act, 1983 (33 of 1983), to be a disturbed area. 

*Explanation 3.*—In  this  sub-section,  “terrorist  and  disruptive  activities”  means  “terrorist  acts”  and 
“disruptive  activities”  within  the  meaning  of  the  Terrorist  and  Disruptive  Activities  (Prevention) 
Ordinance, 1987 (Ord. 2 of 1987). 

(2) In the case of any person to whom sub-section (1) applies, sections 3, 8 and 10 to 14 shall have 
effect subject to the following modifications, namely:— 

  (a) in section 3,— 

     (i) in sub-section (4), in the proviso,— 

       (A) for the words “ten days”, the words “fifteen days” shall be substituted; 

       (B) for the words “fifteen days” the words “twenty days” shall be substituted; 

     (ii)  in  sub-section  (5),  for  the  words  “seven  days”,  the  words  “fifteen  days”  shall  be 
substituted; 

  (b) in  section  8,  in  sub-section (1), for the  words  “ten  days”,  the  words  “fifteen  days”  shall  be 
substituted; 

  (c) in section 10, for the words “shall, within three weeks”, the words “shall, within four months 
and two weeks” shall be substituted; 

  (d) in section 11,— 

     (i) in sub-section (1), for the words “seven weeks”, the words “five months and three weeks” 
shall be substituted; 

     (ii) in sub-section (2), for the words “detention of the person concerned”, the words 
“continued detention of the person concerned” shall be substituted; 

  (e) in section 12, for the words “for the detention”, at both the places where they occur, the words 
“for the continued detention” shall be substituted; 

  (f) in section 13, for the words “twelve months”, the words “two years” shall be substituted: 

  (g) in section 14, in the proviso to sub-section (2), for the words “twelve months” the words “two 
years” shall be substituted.

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. 

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. 

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 are in 
force immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980), and 
accordingly every person in respect of whom an order of detention made under any State law is in force 
immediately  before  such  commencement,  shall  be  governed  with  respect  to  such  detention  by  the 
provisions of such State law or where the State law under which such order of detention is made is an 
Ordinance (hereinafter referred to as the State Ordinance) promulgated by the Governor of that State and 
the State Ordinance has been replaced— 

  (i) before such commencement, by an enactment passed by the Legislature of that State, by such 
enactment; or 

  (ii) after such commencement, by an enactment which is passed by the Legislature of that State 
and  the  application  of  which  is  confined  to  orders  of  detention  made  before  such  commencement 
under the State Ordinance, by such enactment, 

as if this Act had not been enacted. 

(2) Nothing in this section shall be deemed to bar the making under section 3, of a detention order 
against  any  person  referred  to  in  sub-section  (1)  after  the  detention  order  in  force  in  respect  of  him  as 
aforesaid immediately before the commencement of the National Security Ordinance, 1980 (11 of 1980), 
ceases to have effect for any reason whatsoever. 

*Explanation.*—For the purposes of this section, “State law” means any law providing for preventive 
detention on all or any of the grounds on which an order of detention may be made under sub-section (2) 
of section 3 and in force in any State immediately before the commencement of the said Ordinance. 
 
18. **Repeal and saving.**—(1)  The  National  Security  Ordinance,  1980  (11  of  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, and, in particular, any reference made under section 
10 of the said Ordinance and pending before any Advisory Board immediately before the date on which 
this Act receives the assent of the President may continue to be dealt with by that Board after that date as 
if such Board had been constituted under section 9 of this Act.