Special Powers of the Armed Forces

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The Armed Forces (Special Powers) Act, 1958 (AFSPA) grants certain ‘special powers’ to the members of the armed forces in disturbed areas. This law extends to the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Jammu and Kashmir. Jammu and Kashmir has a separate AFSPA enacted in 1990 which is similar to the AFSPA, 1958, except for a few provisions.

Under AFSPA the Military is considered to be “armed forces”. When the Air Forces operate on the ground, then they are also known as “armed forces” and have the special powers and duties under AFSPA. Other armed forces of the central government such as Border Security Force (BSF) are also included under AFSPA. However, the Navy is not included under “armed forces”.

There are certain officers of these armed forces who have been granted special powers i.e. power to shoot and use force, destroy shelters/storage, arrest without a warrant, enter and search. These band of officers include:

Commissioned officers,
Non-Commissioned Officers,
Warrant Officers.

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Power of the Army to Enter and Search by the Army

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No Case Against the Armed Forces

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Army Control of a Disturbed Area

When it appears to the government that a dangerous situation has developed in a certain area of the country and it requires the armed forces to take control of that area, such an area is declared as a disturbed area. The AFSPA applies in such disturbed areas.

Do’s and Dont’s of the Army

As per the Supreme Court guidelines, there are certain acts which the army should do, and acts which are prohibited before, during and after an operation.

Power of the Army to Destroy Shelters/Storage

The army has the power to destroy places where armed attacks are usually made, training camps for armed volunteers, or hide-outs of armed gangs or criminal offenders.

AFSPA in Jammu and Kashmir

Most of the provisions applicable in J&K are similar to the AFSPA provisions applicable in the North-Eastern States. The armed forces have broader investigation powers in Jammu and Kashmir.