The National Security Act, 1980

 1

REGISTERED NO. D-(D)-72 
 

£ÉÉ®iÉ BÉEÉ ®ÉVÉ{ÉjÉ 

The Gazette of India 
 

EXTRAORDINARY 
 

PART II-Section 1 
 

PUBLISHED BY AUTHORITY 
 
 
No. 76    NEW DELHI, SATURDAY, DECEMBER-27, 1980/PUSA 6, 1902 
 
 
 MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS 

(Legislative Department) 
 
New Delhi, the 27th December, 1980/Pausa 6, 1902 (Saka) 
 
The following Act, of Parliament received the assent of the 
President on the 27th December, 1980, and is hereby published for 
general information:- 
 

THE NATIONAL SECURITY ACT, 1980 

(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. (1) This Act may be called the National Security Act,1980. 
 
(2) It extends to the whole of India except the State of Jammu and 

Kashmir. 
     
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Short title 
and extent 



 2

 
 2.   (1) 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  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.    

Definiti-
ons 
 
 
 
 
 
 
 
 
 
 
31 of 1946 
 
 

 
 
 
Power to 
make orders 
detaining 
certain 
persons.  

 

3.   (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 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
7 of 1980. 



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of Supplies of Essential Commodities Act, 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 ten days from the date of detention, this sub-section 
shall apply subject to the modification that, for the words "twelve 
days", the words "fifteen 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. 

 
2 of 1974 

4.  A detention order may be executed 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)                         

Execution 
of 
detention 
orders. 

   



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5.  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 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. 

 

 
Power to 
regulate 
place and 
conditions 
of 
detention  

 6.  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. 
 

Detention 
orders not 
to be 
invalid or 
inoperative 
on certain 
grounds. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
2 of 1974 
 

7.  (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 

Powers in 
relation to 
absconding 
persons. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



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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 
 

 
 
 
 
 
 
 
2 of 1974   

Grounds of 
order of 
detention to 
be disclosed 
to persons 
affected by 
the order. 

8. (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 ten 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. 
 
 

 

Constitution 
of Advisory 
Boards. 

 9. (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. 
 

 

Reference 
to Advisory 
Boards. 

10. 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 

 



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the report by such officer under sub-section (4) of that section. 
 

 
Procedure 
of Advisory 
Boards.    

11. (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.  (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. 
 
 

Action upon 
the report of 
the Advisory 
Board  

 13. 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. 
 

Maximum 
period of 
detention 

 
 

 
14.  (1) Without prejudice to the provisions of section 21 of the 

 
Revocation 



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10 of 1897 General Clauses Act, 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  revocation  or expiry  of a detention order shall not bar 
the making of a fresh detention order under section 3 against the 
same person in any case where fresh facts have arisen after the date 
of revocation or expiry on which the Central Government or a State 
Government or an officer mentioned in sub-section (3) of section 3, 
as the case may be, is satisfied that such an order should be made.    
       
 

of 
detention 
orders 

Temporary 
release of 
persons 
detained. 

15.  (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. 
 

 

Protection 
of action 

16. No suit or other legal proceeding shall lie against the Central 
Government or a State Government, and no suit, prosecution or 

 



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taken in 
good faith. 

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. 
 

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

17.   (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, 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  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  sub-section 
(2) of section 3 and in force in any State immediately before the 
commencement of the said Ordinance. 

 
 
 
11 of 1980 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
11 of 1980 
 

 
 
11 of 1980 

 
18. (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, 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 

 
Repeal  
and 
saving.   



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date as if such Board had been constituted under section 9 of this 
Act. 
 
 
 

R.V.S. PERI SASTRI 
Secy. to the Govt. of India