Section 12: Temporary release of persons detained

Q: What does Section 12 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) deal with?

Section 12 COFEPOSA pertains to "Temporary release of persons detained". It is part of the The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, a legislation enacted by the Parliament of India. Section 12 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) governs temporary release of persons detained. As verified on 19 May 2026.

Q: Is Section 12 COFEPOSA still in force?

Yes, Section 12 of the The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is currently in force across the Republic of India.

Q: What is धारा 12 COFEPOSA?

धारा 12 COFEPOSA is the Devanagari Hindi reference for Section 12 of the The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Section 12 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) governs temporary release of persons detained. As verified on 19 May 2026.

Q: What is Dhara 12 COFEPOSA?

Dhara 12 COFEPOSA is the Roman Hindi reference for Section 12 of the The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. "Dhara" means "Section" in Hindi. Section 12 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) governs temporary release of persons detained. As verified on 19 May 2026.

Q: How to cite Section 12 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974?

Cite as: "Section 12, The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA)" in legal briefs. For academic writing, use the BlueBook format: The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, § 12 (India).

Law on Tips Editorial Board

(1)

The Central Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or an officer subordinate to that Government or by a State Government or by an officer subordinate to a State Government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.

(1A)

A State Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or by an officer subordinate to that Government may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.

(2)

In directing the release of any person under sub-section (1) or sub-section (1A), the Government directing the release may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction.

(3)

Any person released under sub-section (1) or sub-section (1A) shall surrender himself at the time and place, and to the authority, specified in the order directing his release or cancelling his release, as the case may be.

(4)

If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(5)

If any person released under sub-section (1) or sub-section (1A) fails to fulfill any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.

(6)

Notwithstanding anything contained in any other law and save as otherwise provided in this section, no person against whom a detention order made under this Act is in force shall be released whether on bail or bail bond or otherwise.