AFSPA in Jammu and Kashmir

Last updated on Jun 15, 2022

Most of the provisions of the Armed Forces (Special Powers) Act, 1990 (AFSPA) applicable in Jammu and Kashmir are similar to the Armed Forces (Special Powers) Act, 1958 which is applicable in the North-Eastern States. The armed forces have broader investigation powers in Jammu and Kashmir:

  • Under the AFSPA (Jammu and Kashmir), the powers of the armed forces extend to breaking open any lock, door, almirah, safe, box, cupboard, drawer, package or other thing, if the keys of these cannot be found.
  • Any Commissioned Officer, Warrant Officer or a Non-Commissioned Officer can stop, search and seize any vehicle or vessel if they suspect that they are carrying:
    • Any person who is a proclaimed offender;
    • Any person who has committed a non-cognizable offence;
    • A person against whom a reasonable suspicion exists that they have committed or is about to commit a non-cognizable offence;
    • Any person who is carrying any arms, ammunition or explosive substance unlawfully.

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