1. Short title, extent, application, duration and savings.—(1) This Act may be called the Defence
of India Act, 1962.
(2) It extends to the whole of India and it applies also—
(a) to citizens of India outside India;
(b) to persons in the service of the Government, wherever they may be;
(c) in respect of the regulation and discipline of the naval, military and air forces or any other
armed forces of the Union, to members of, and persons attached to, employed with, or following,
those forces, wherever they may be;
(d) to, and to persons on, ships and aircraft registered in India, wherever they may be.
(3) It shall remain in force during the period of operation of the Proclamation of Emergency issued on
the 26th October, 1962, and for a period of six months thereafter but its expiry under the operation of this
sub-section shall not affect—
(a) the previous operation of, or anything duly done or suffered under, this Act or any rule made
thereunder or any order made under any such rule, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under this Act or any
rule made thereunder or any order made under any such rule, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Act or any
contravention of any rule made under this Act or of any order made under any such rule, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any
such penalty, forfeiture or punishment may be imposed as if this Act had not expired.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “civil defence” includes any measures not amounting to actual combat, for affording defence
against any form of hostile attack by a foreign power or for depriving any form of hostile attack by a
foreign power of its effect either wholly or in part whether such measures are taken before, during or
after the time of the attack;
(b) “Civil Defence Services” mean the services formed wholly or mainly to meet the needs of
civil defence;
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(c) “enemy” means—
(i) any person or country committing external aggression against India;
(ii) any person belonging to a country committing such aggression;
(iii) such other country as may be declared by the Central Government to be assisting the
country committing such aggression;
(iv) any person belonging to such other country;
(d) “enemy territory” means—
(i) any area which is under the sovereignty of a country referred to in sub-clause (i); or a
country referred to in sub-clause (iii), of clause (c) of this section;
(ii) any area which the Central Government may, by notification in the Official Gazette,
specify to be enemy territory for the purposes of this Act or any rule made thereunder;
(e) “military operations” mean the operations of the Armed Forces of the Union;
(f) “occupied territory” means any territory of India which is for the time being in the occupation
of a country referred to in sub-clause (i) or a country referred to in sub-clause (iii), of clause (c) of
this section;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “Proclamation of Emergency” means the Proclamation issued under clause (1) of article 352
of the Constitution on the 26th October, 1962;
(i) “State Government” in relation to a Union territory means the administrator thereof.