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Armed Forces (Special Powers) Act

    Home Topics Armed Forces (Special Powers) Act
    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.

    Army Control of a Disturbed Area

    By Malavika Rajkumar | 1 comment
    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
    Read more

    Special Powers of the Armed Forces

    By Malavika Rajkumar | 0 comment
    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. O
    Read more

    Power of the Army to Shoot and Use Force

    By Malavika Rajkumar | 0 comment
    The power of the armed forces to shoot and use force can be used against:any person who is violating any law, orany person forming an assembly of five or more people, orany person carrying weapons or
    Read more

    Power of the Army to Destroy Shelters/Storage

    By Malavika Rajkumar | 0 comment
    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, orAny structure used as
    Read more

    Power of the Army to Arrest Without a Warrant

    By Malavika Rajkumar | 0 comment
    An armed forces officer can arrest any person without a warrant for:Committing a cognizable offence; orIf there is a suspicion that a cognizable offence will be committed.The officer can use force as
    Read more

    Power to Enter and Search by the Army

    By Malavika Rajkumar | 0 comment
    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.The off
    Read more

    Handing Over of Accused Persons by the Army

    By Malavika Rajkumar | 0 comment
    When an army personnel arrests a civilian under this law, the law requires the person to be handed over to the nearest police station by the army immediately.
    Read more

    No Case Against the Armed Forces

    By Malavika Rajkumar | 0 comment
    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 perso
    Read more

    AFSPA in Jammu and Kashmir

    By Malavika Rajkumar | 0 comment
    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 Nort
    Read more

    Do’s and Dont’s of the Army

    By intern_nyaaya | 0 comment
    As per the Supreme Court guidelines, there are certain acts which the army should do, and acts which are prohibited. These Supreme Court guidelines are as under:What should the army do?Before the Oper
    Read more

    Do’s and Don’ts of the Army While Providing Aid

    By intern_nyaaya | 0 comment
    The Supreme Court has listed guidelines for the armed forces while providing aid to the civil authority.What should the army do?Maintain communication with the civil authorities if possible by telepho
    Read more
    Filter:AllOpenResolvedClosedUnanswered
    Can a case be filed against the army personnels in a Court?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    74 views1 answers0 votes
    What is the role of the state government in implementing AFSPA in the State?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    76 views1 answers0 votes
    Is AFSPA applied only in areas inflicted with terrorist activities?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    75 views1 answers0 votes
    Can AFSPA law be revoked from an area?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    84 views1 answers0 votes
    I am tourist and I want to go to Kashmir. Should I be worried about the AFSPA?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    79 views1 answers0 votes
    Can women be booked under the Armed Forces Special Powers Act?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    73 views1 answers0 votes
    Can I get bail, if I am arrested under AFSPA by the army and sent to the Police Station?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    60 views1 answers0 votes
    Why is AFSPA a controversial law?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    75 views1 answers0 votes
    Who declares an area as disturbed area under AFSPA law?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    85 views1 answers0 votes
    Is there AFSPA law in whole of Jammu and Kashmir?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    72 views1 answers0 votes
    What is an Armed Forces Tribunal?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    69 views1 answers0 votes
    Does AFSPA apply to all the North-Eastern states of India?
    ResolvedAvatarMalavika Rajkumar answered 9 months ago • Armed Forces
    51 views1 answers0 votes
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