Section 13 Of NATIONAL SECURITY ACT, 1980
Maximum Period Of Detention :
The maximum period for which any person may be detained in pursuance of any detention order which has been confirmed under section 12 shall be twelve months from the date of detention:
Provided that nothing contained in this section shall affect the power of the appropriate Government to revoke or modify the detention order at any earlier time.
The National Security Act of 1980 is a significant piece of legislation in India that pertains to preventive detention. Section 13 of this act specifically deals with the maximum period of detention. This section is crucial as it sets the boundaries for how long a person can be detained under this act.
Understanding the Maximum Period of Detention
The primary focus of Section 13 is to define the maximum duration for which an individual can be detained. As per this section, once a detention order has been confirmed under section 12, the individual can be detained for a maximum of twelve months from the date of detention. This provision ensures that there are limits to the duration of detention, safeguarding the rights of the detained.
Provisions for Early Release
While the maximum period is set at twelve months, it’s essential to note that the appropriate Government holds the power to revoke or modify the detention order at any earlier time. This provision ensures flexibility and allows for the release of the detained if deemed necessary.
Importance of Section 13 in Safeguarding Rights
Section 13 plays a pivotal role in ensuring that the rights of individuals are not infringed upon. By setting a clear maximum period for detention, it prevents indefinite detention and ensures that the government remains accountable.
Section 13 of the National Security Act, 1980, is a testament to the balance between national security and individual rights. While the act allows for preventive detention, it also sets clear boundaries to ensure that individual rights are not compromised.
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