A detention order may be executed at any place in India in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of 1974).

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¹[14A. Circumstances in which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Boards.—(1) Nothwithstanding anything contained in the foregoing provisions of this Act, or in any judgment, decree or order of any court or other authority, any person in respect of whom an order of detention has been made under this Act at any time before the² [8th day of June, 1989] may be detained without obtaining the opinion of the Advisory Board for a period longer than three months, but not exceeding six months, from the date of his detention where such person had been detained with a view to preventing him, in any disturbed area—

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(i) from interfering with the efforts of Government in coping with the terrorist and disruptive activities; and

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(ii) from acting in any manner prejudicial to—

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(a) thedefence of India; or

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(b) the security of India; or

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(c) the security of the State; or

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(d) the maintenance of public order; or

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(e) the maintenance of supplies and services essential to the community.

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Explanation 1.—The provisions of the Explanation to sub-section (2) of section 3 shall apply for the purposes of this sub-section as they apply for the purposes of that sub-section.

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Explanation 2.—In this sub-section, "disturbed area" means any area which is for the time being declared by notification under section 3 of the Punjab Disturbed Areas Act, 1983 (32 of 1983), or under section 3 of the Chandigarh Disturbed Areas Act, 1983 (33 of 1983), to be a disturbed area.

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Explanation 3.—In this sub-section, "terrorist and disruptive activities" means "terrorist acts" and "disruptive activities" within the meaning of the Terrorist and Disruptive Activities (Prevention) Ordinance, 1987 (Ord. 2 of 1987).

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(2) In the case of any person to whom sub-section (1) applies, sections 3, 8 and 10 to 14 shall have effect subject to the following modifications, namely:—

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(a) in section 3,—

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(i) in sub-section (4), in the proviso,—

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(A) for the words "ten days", the words "fifteen days" shall be substituted;

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(B) for the words "fifteen days" the words "twenty days" shall be substituted;

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(ii) in sub-section (5), for the words "seven days", the words "fifteen days" shall be substituted;

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(b) in section 8, in sub-section (1), for the words "ten days", the words "fifteen days" shall be substituted;

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(c) in section 10, for the words "shall, within three weeks", the words "shall, within four months and two weeks" shall be substituted;

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(d) in section 11,—

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(i) in sub-section (1), for the words "seven weeks", the words "five months and three weeks" shall be substituted;

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(ii) in sub-section (2), for the words "detention of the person concerned", the words "continued detention of the person concerned" shall be substituted;

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(e) in section 12, for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted;

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(f) in section 13, for the words "twelve months", the words "two years" shall be substituted:

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(g) in section 14, in the proviso to sub-section (2), for the words "twelve months" the words "two years" shall be substituted.

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(1) Without prejudice to the provisions of section 21 of the General Clauses Act, 1897 (10 of 1897), a detention order may, at any time, be revoked or modified,—

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(a) notwithstanding that the order has been made by an officer mentioned in sub-section (3) of section 3, by the State Government to which that officer is subordinate or by the Central Government;

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(b) notwithstanding that the order has been made by a State Government, by the Central Government.

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¹ [(2) The expiry or revocation of a detention order (hereafter in this sub-section referred to as the earlier detention order) shall not whether such earlier detention order has been made before or after the commencement of the National Security (Second Amendment) Act, 1984 (60 of 1984)] bar the making of another detention order (hereafter in this sub-section referred to as the subsequent detention order) under section 3 against the same person:

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Provided that in a case where no fresh facts have arisen after the expiry or revocation of the earlier detention order made against such person, the maximumperiod for which such person may be detained in pursuance of the subsequent detention order shall, in no case, extend beyond the expiry of a period of twelve months from the date of detention under the earlier detention order.

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