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Posted by on Jan 19, 2014 in AFSPA |

Armed Forces Special Powers Act

The Act provides special powers to armed forces to control miserable situations which are out of control of civil administration. The special powers are basically provided for parts of North Eastern states only but govt provides special powers to armed forces for other disturbed area (such as to Punjab in 1984 but repealed in 1997)as considered necessary. The special powers of Armed forces have history from time of British at time of Quit India Movement (1942) and independence (1947).  Since 1990, Armed forces (J&K) special powers act is in power in Jammu and Kashmir.

Disturbed Areas

·         The Governor of State or Administrator of UT or Central Govt can declare any area as disturbed area in their respective jurisdiction if thinks that the area is in a miserable situation.

Special Powers of Armed Forces

Any Commissioner Officer, Warrant Officer, Non Commissioned Officer or person of equivalent rank has power:-

  • To arrest any person without warrant who has committed a cognizable offence or there is suspicion that he has committed or will commit a cognizable offence.
  • To enter and search into any premises without warrant to arrest or recover any arms/explosive substances or recover any person etc.
  • To destroy any arms dump or premises used by armed volunteers for training, hide-out, assembly etc. if he considered it necessary.
  • To use force against any person even to causing death who is in contravention of any law & order in any disturbed area such as carrying of weapons/fire-arms or assembly of Five etc. Provided that sufficient warning shall be given as much considered necessary by officer.

Miscellaneous

  • The armed forces are bound to handover any arrest person before officer in charge of nearest police station within time as early as possible.
  • No legal proceeding against any person for any action taken to carry out provisions of this act except on previous sanction of central govt.

 

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