No Case Against the Armed Forces

Last updated on Jun 15, 2022

No one can file any case against any armed personnel, except when there is special permission from the Central Government. Under this law, if a case has to be registered in court against an army personnel or anyone from the armed forces for a crime they have committed, then the court proceedings can only take place when there is permission from the Central Government.

Only a handful of cases have been instituted against army personnel under AFSPA.

Example: Chitrakshi’s husband Sumeysh has been killed by an officer of the armed forces and she wants to file a case against this in a police station. The police station will register her FIR, but to fight her case in the court, she has to seek permission from the Central Government. Only when permission is granted by the Central Government, i.e the Home Ministry, a trial against the officer of the armed forces can be started.

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

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.

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.

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.