12A. Entitlement to get compensation for mala fide preventive detention

12A.1 Notwithstanding anything contained in Section 11, if a person held under preventive detention deems that he/she was kept under preventive detention in contravention of this Act or in bad faith, may file a case before District Court during a term of detention or within a period of Thirty Five days from his/her release upon claiming for a compensation from the Local Authority who issued such order.

12A.2 If the claim mentioned in complaint lodged pursuant to Sub-section

12A.1, is proved, the district court may pass a judgment for providing a reasonable compensation to the complainant from the Government of Nepal upon considering the factors such as the duration of preventive detention, the age and social prestige of detainee and economic loss faced by him/her due to preventive detention.

12A.3 The Local Authority may request the office of government attorney to defend him/her in relation to the complaint lodged pursuant to Sub-section 12A.1 and government attorney shall defend him/her in court of law.