National Security Act, 1980
Preventive Detention
The National Security Act (NSA), 1980 is a central preventive detention law that empowers the government to detain a person without trial for up to 12 months if it is satisfied that the person's activities are prejudicial to national security, public order, or maintenance of essential services. Unlike criminal arrest under the Code of Criminal Procedure (now BNSS), NSA detention does not require a charge or a court hearing before detention. The detaining authority must communicate grounds of detention to the detainee within 5 to 15 days, and the case must be referred to an Advisory Board comprising High Court judges within three weeks. The Board must submit its report within seven weeks; if it finds "no sufficient cause," the government must release the detainee.
- NSA, 1980 derives its authority from Article 22(3)(b) of the Constitution, which allows preventive detention laws to bypass the procedural safeguards of Articles 22(1) and 22(2).
- Maximum detention under NSA: 12 months (3 months initially, extendable with Advisory Board approval).
- The NSA does not permit legal representation before the Advisory Board.
- The government can revoke detention at any time before the maximum period, as it did in Wangchuk's case.
● Tracked since March 14, 2026 · last seen April 27, 2026 · updates as the daily brief publishes