Vidhi Codex

THE DEFENCE OF INDIA ACT, 1971

The Defence of India 1971

General197133 sections5 chapters

The Defence of India Act of 1971 is an emergency law enacted during external aggression. It regulates national security, civil defence, public order, and the requisition of private property and technical personnel for national service. The Act applies broadly to all Indian citizens worldwide, government employees, members of the armed forces, and registered Indian ships and aircraft. This legislation matters because it grants the government extraordinary, overriding powers during national emergencies, allowing authorities to bypass ordinary laws, temporarily restrict civil liberties, detain individuals without standard trials, and mobilize resources to ensure national defence, preserve public order, and protect public safety.

Start reading →Read full ActSections

Chapter 1 PRELIMINARY →

  1. 1Short title, extent, application, duration and savings
  2. 2Definitions

Chapter II EMERGENCY POWERS →

  1. 3Power to make rules
  2. 4Special powers to control civilian personnel employed in connection with the Armed Forces of the Union
  3. 5Enhanced penalties
  4. 6Temporary amendments to Acts
  5. 16BGovernment.

Chapter IV EMPLOYMENT OF TECHNICAL PERSONNEL IN THE NATIONAL →

  1. 16Notified establishments
  2. 17Employment of technical personnel in the national service
  3. 18Re-instatement
  4. 19Relinquishment of employment by dismissal of and engagement by establishment of technical personnel
  5. 20Penalties and procedure
  6. 21Service of summons, notices, orders, etc
  7. 22Power to make rules

Chapter V REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY →

  1. 23Requisitioning of immovable property
  2. 24Payment of compensation
  3. 25Power to obtain in formation and give direction
  4. 26Power of entry into, and inspection of property etc
  5. 27Eviction from requisitioned property
  6. 28Penalty for contravention of any order regarding requisitioning
  7. 29Release from requisition
  8. 30Acquisition of requisitioned property
  9. 31Power to refer dispute to arbitration (Continued)
  10. 32Power to make rules
  11. 33Certain properties requisitioned under previous law to be deemed to be requisitioned under this Chapter

Chapter VI SUPPLEMENTAL →

  1. 34Power to delegate
  2. 35Rules to be laid before Houses of Parliament
  3. 36Jurisdiction of ordinary courts
  4. 37Effect of Act and rules, etc., inconsistent with other enactments
  5. 38Ordinary avocations of life to be interfered with as little as possible
  6. 39Savings as to orders
  7. 40Protection of action taken under the Act

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