Power to make orders detaining certain persons
Section 3 of the National Security Act, 1980 deals with power to make orders detaining certain persons. 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 The Act came into force on 27 Dec 1980.
(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 Blackmarketing 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.
Section 3, 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
Referred to by 7
- s. 2 Definitions
- s. 5A Grounds of detention severable
- s. 7 Powers in relation to absconding persons
- s. 10 Reference to Advisory Boards
- s. 14 Revocation of detention orders
- s. 14A Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards
- s. 17 Act not to have effect with respect to detentions under State laws
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.
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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 District Magistrate to order preventive detention; validity and scope of detention orders; substantive grounds required
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Bikash Munda v. State of Orissa
Court's Decision & Legal Precedent
Final Order order-1.pdf 2014-03-27 DATE VERIFIED. I. Mahanty + B.N. Mahapatra Division Bench. Detention under NSA s.3(2) by District Magistrate, Sambalpur, quashed. Isolate for teaching: once detention is under s.3, unexplained ~49-day State delay disposing the detenu's representation violates Art 22(5) prompt-consideration mandate and vitiates the s.3 detention (Aslam Ahmed / Khatoon Begum line). Other grounds left academic. Map 3 only.
On this section: NSA s.3 detention: unexplained State delay in considering the detenu's representation renders the s.3(2) detention order illegal and liable to be quashed (Bikash Munda).
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Fogiya vs State and Anr.
Court's Decision & Legal Precedent
When a person's citizenship status remains undetermined for an extended period due to government inaction despite judicial directions, and such person is detained under the National Security Act pending deportation (which itself depends on citizenship determination), the court may intervene by issuing specific directions to the competent authority to determine citizenship within a fixed timeframe. If the government fails to comply with such directions, the detention order shall be quashed and the person released. The court recognized that while citizenship determination is primarily the function of the Central Government under Section 13 of the Indian Citizenship Act, 1955, the court has the power to ensure that this process is not indefinitely delayed, particularly when the detention itself is contingent on such determination.
On this section: Basis for detention of foreign nationals pending deportation; respondents relied on this section to justify 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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… be difficult to ascertain or fasten upon. … We find it quite difficult to understand as to which are the remaining commodities outside the scope of the Act of 1980, in respect of which it can be said that the maintenance of their supplies is essential to the community. The particular clause in sub-section (2) of Section 3 of the National Security Act is, therefore, capable of wanton abuse in that, the detaining authority can place under detention any person for possession of any commodity on the basis that the authority is of the opinion that the maintenance of supply of that commodity is essential to the community. We consider the …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 4 instruments name this provision in its title or its text without being made under it.
Questions about Section 3
What have the courts held on Section 3 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 District Magistrate to order preventive detention; validity and scope of detention orders; substantive grounds required. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2006 to 2014.
How do I find court cases under Section 3 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 3, section 3 National Security Act 1980, section 3 of the National Security Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Pebam Ningol Mikoi Devi vs State of Manipur (27 Sep 2010).
What should I read with Section 3 of the National Security Act, and has it changed?
Its own text turns on section 8 (Grounds of order of detention to be disclosed to persons affected by the order), so none of them can safely be read on its own. 7 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently Delhi Electricity Regulatory Commission (Levy and Collection of Fee and Charges by State Load Despatch Centre) Regulations, 2007 (2007).
When did Section 3 of the National Security Act come into force?
Section 3 of the National Security Act, cited as National Security Act 1980 3, 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
- 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
- 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.