National Security Act 1980
Also called: NSA · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
The National Security Act (NSA), 1980 is a central law for preventive detention, which means jailing a person without trial to stop a feared future act, not to punish a past one. Under it, a person can be detained without charge for up to 12 months. The aim must be to protect national security, public order or essential supplies. The safeguards of Article 22 still apply: the detainee must be told the grounds and allowed to make a representation (a written objection). Detention beyond three months needs the approval of an advisory board.
Example
A district magistrate can order a person detained under the NSA if they believe the person will disturb public order during unrest. The person can then be held without a trial.
Don't confuse with
- Arrest for a crime: a person is arrested for an offence they are accused of committing and is then tried in court. NSA detention is meant to prevent a future act, and there is no trial.
Related concepts
- Protection in respect of conviction for offences
- Ex post facto law
- Double jeopardy
- Right against self-incrimination
- Narco-analysis test
- Protection against arrest and detention
- Right to speedy trial
- D.K. Basu guidelines
- Preventive detention
- Advisory board