Action upon the report of the Advisory Board
Section 12 of the National Security Act, 1980 deals with action upon the report of the Advisory Board. 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. The Act came into force on 27 Dec 1980.
(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.
Section 12, The National Security Act, 1980 (Act 65 of 1980).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Pebam Ningol Mikoi Devi vs State of Manipur
Court's Decision & Legal Precedent
In preventive detention under the National Security Act, 1980, the subjective satisfaction of the detaining authority must be based on pertinent and relevant material capable of objective scrutiny. Statements recorded under Section 161 of the Criminal Procedure Code, 1973, standing alone and without corroborating material, are insufficient to form the basis for a detention order as they are not substantive evidence but can only be used to contradict the maker at trial. When grounds of detention are vague, irrelevant, or not supported by material evidence, or when there is unexplained delay in forwarding representation to the Central Government, the detention order becomes vulnerable to being quashed on judicial review. The difficulty of the prosecution in securing evidence for conviction through normal trial cannot justify resorting to preventive detention.
On this section: Power of Governor to approve detention order and fix period of detention
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
3 instruments name this provision in its title or its text without being made under it.
Questions about Section 12
What have the courts held on Section 12 of the National Security Act?
Pebam Ningol Mikoi Devi vs State of Manipur (27 Sep 2010) is the leading judgment on this section among those set out below: Power of Governor to approve detention order and fix period of detention.
How do I find court cases under Section 12 of the National Security Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: National Security Act 1980 12, section 12 National Security Act 1980, section 12 of the National Security Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pebam Ningol Mikoi Devi vs State of Manipur (27 Sep 2010).
What should I read with Section 12 of the National Security Act, and has it changed?
2 other provisions in this corpus refer back to it. 3 instruments name it without being made under it, most recently NSA Gazette Notification 12.08.2016 (Advisory Board) (2016), then NSA Gazette Notification 18.05.1984 (1984).
When did Section 12 of the National Security Act come into force?
Section 12 of the National Security Act, cited as National Security Act 1980 12, came into force on 27 Dec 1980, having been enacted on 27 Dec 1980. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Power to make orders detaining certain persons620 words
- 14A. Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards518 words
- 17. Act not to have effect with respect to detentions under State laws290 words
- 7. Powers in relation to absconding persons285 words
- 11. Procedure of Advisory Boards223 words
- 14. Revocation of detention orders215 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.