Act not to have effect with respect to detentions under State laws
Section 17 of the National Security Act, 1980 deals with act not to have effect with respect to detentions under State laws. 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 u The Act came into force on 27 Dec 1980.
(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.
Section 17, 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.
This section refers to
Questions about Section 17
What does Section 17 of the National Security Act deal with?
Section 17 of the National Security Act is headed "Act not to have effect with respect to detentions under State laws". 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 u
How do I find court cases under Section 17 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 17, section 17 National Security Act 1980, section 17 of the National Security Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 17 of the National Security Act, and has it changed?
Its own text turns on section 3 (Power to make orders detaining certain persons), so none of them can safely be read on its own.
When did Section 17 of the National Security Act come into force?
Section 17 of the National Security Act, cited as National Security Act 1980 17, 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
- 7. Powers in relation to absconding persons285 words
- 11. Procedure of Advisory Boards223 words
- 14. Revocation of detention orders215 words
- 15. Temporary release of persons detained211 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.