Power of the Army to Destroy Shelters/Storage

Home / Legal Explainers / Government & Elections / Government / Armed Forces (Special Powers) Act / Power of the Army to Destroy Shelters/Storage

The type of places that the army has the power to destroy:

Places where armed attacks are made usually or are likely to be made or are attempted to be made by suspected persons, or
Any structure used as a training camp for armed volunteers, or
Any place utilised as a hide-out by armed gangs or people who are wanted for an offence by the police.

Example: If certain armed people are hiding at a position on a hill or in a house, or anywhere and the army suspects that they may make an attack, the army can seal that area and use arms and ammunition to destroy the hideout.

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Power of the Army to Enter and Search by the Army

The law usually requires that a search warrant is obtained by an authority in order to search a place. But under AFSPA, the armed forces have special powers to search a place without a warrant.

No Case Against the Armed Forces

No one can file any case against any armed personnel, except when there is special permission from the Central Government.

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.

Special Powers of the Armed Forces

The Armed Forces (Special Powers) Act, 1958 (AFSPA) grants certain ‘special powers’ to the members of the armed forces in disturbed areas.

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.