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One can get bail depending upon the nature of the crime. The court will decide whether a person can be granted bail or not. Unlike in normal cases, under AFSPA the police can detain a person for a longer duration. The normal rule of producing a person before a magistrate within 24 hours does not apply in the case of AFSPA.
Theme: Government
Can women be booked under the Armed Forces Special Powers Act?
Yes, women can be booked under AFSPA.
I am a tourist and I want to go to Kashmir. Should I be worried about the AFSPA?
Under this law the armed forces do not bother the civilians unless there are some grave situations. One can freely go to Kashmir as a tourist.
Can AFSPA law be revoked from an area?
AFSPA can be revoked when the situation in a disturbed area turns to normal. The government has done that in many areas, such as in the state of Tripura in 2015 and from Punjab and Chandigarh in 1997.
Is AFSPA applied only in areas inflicted with terrorist activities?
Yes, as of now AFSPA is applicable in states where there are armed rebel groups and which become disturbed due to activities of these groups.
What is the role of the state government in implementing AFSPA in the State?
The State Governments can suggest whether the situation in the state demands implementation of AFSPA or not. However, the Governor or the Central Government can either accept or reject such a suggestion.
Can a case be filed against the army personnels in a Court?
You can only file a case against an army personnel, in a civil court in situations when there is special permission from the Central Government. However, the armed forces, under their own rules and regulations, have their own courts to try their officers (for offences specified under their own rules and regulations). These courts are called the Armed Force Tribunal.
If a person commits a crime under the anti-corruption law for the second time, what happens?
Any person who regularly influences public servants through illegal means or uses business relationships to influence public servants can be sent to jail for a period of 5 to 10 years and can also be asked to pay a fine.
What will happen if a public servant does a favour, but not through any specific action of mine? Will this be considered as corruption?
You can still be punished if you took the money and made the person who bribed you, believe that you were responsible for the favour. For example, you take Rs. 20,000 from Ravi after making him believe that he got the job with the Forest Department because of your connections with the head of the Forest Department. Even if you did not actually have any connections with the head of the Forest Department, you will still be breaking this law.
What will happen if I take the money as a public servant, but I don’t do the favour? Will this be considered as corruption?
You can still be punished. For example, you are a junior officer in the Bhopal Municipality and you accept a bribe from Ravi promising to give his company approval to build a tank in the locality, but you know that as a junior officer you do not have the power to give the approval. You can still be punished under this law.