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ARMED FORCES (SPECIAL POWERS) ACT, 1958
ARMED FORCES (EMERGENCY DUTIES) ACT,
ARMED FORCES (PUNJAB AND CHANDIGARH)
5. Power of search to include powers to break open locks, etc. 14
6. Arrested person and seized property to be made over to the police 14
7. Protection of persons acting in good faith under this Act 15
8.
ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990
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Armed Forces (Special Powers) Act, 1958
[28 OF 1958]1
An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas 2[in the States of Assam, Manipur, Meghalaya, Nagaland and Tripura and the Union territories of Arunachal Pradesh and Mizoram].
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:—
Short title and extent.
1. (1) This Act may be called 3[the Armed Forces (Special Powers) Act, 1958].
4[(2) It extends to the whole of the States of 5[Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura].]
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “armed forces” means the military forces and the air forces operating as land forces, and includes any other armed forces of the Union so operating;
(
(
b) “disturbed area” means an area which is for the time being declared by notification under section 3 to be a disturbed area;
c) all other words and expressions used herein, but not defined and defined in the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), shall have the meanings respectively assigned to them in those Acts.
1. Dated 11-9-1958.
2. Substituted for “in the State of Assam and the Union territory of Manipur” by the Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972, w.e.f. 5-4-1972.
3. Substituted for “the Armed Forces (Assam and Manipur) Special Powers Act, 1958”, ibid
4. Substituted, ibid. Prior to its substitution, sub-section (2) read as under: “(2) It extends to the whole of the States of Assam and the Union territory of Manipur.”
5. Substituted for “Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura and the Union territory of Arunachal Pradesh” by the State of Arunachal Pradesh Act, 1986, w.e.f. 20-2-1987. Prior to their substitution, said words were amended by the State of Mizoram Act, 1986, w.e.f. 14-8-1986.
S. 3 ARMED FORCES (SPECIAL POWERS) ACT, 1958 2
6[Power to declare areas to be disturbed areas.
3. If, in relation to any State or Union territory to which this Act extends, the Governor of that State or the Administrator of that Union territory or the Central Government, in either case, is of the opinion that the whole or any part of such State or Union territory, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, the Governor of that State or the Administrator of that Union territory or the Central Government, as the case may be, may, by notification in the Official Gazette, declare the whole or such part of such State or Union territory to be a disturbed area.]
COMMENTS
CASE LAWS
Declaration of Disturbed Area – Scope of Discretion - The Supreme Court examined the constitutional validity of section 3 of the Armed Forces (Special Powers) Act, 1958, which empowers the Central Government or the Governor of a State to declare any area as a “disturbed area” if it is in such a condition that the use of armed forces is necessary to aid civil power. The Court upheld the provision, stating that the authority to make such a declaration is based on subjective satisfaction and is not arbitrary or unreviewable. The judgment emphasized that the declaration must be founded on objective material indicating a serious breakdown of public order. While judicial review is limited, the declaration is not immune from scrutiny in cases of mala fides or abuse of power. The provision was found to be a necessary constitutional mechanism in areas afflicted by internal disturbances — Naga People’s Movement of Human Rights v. Union of India AIR 1998 SUPREME COURT 431.
Declaration of Disturbed Area – Constitutional Validity and Safeguards - The Supreme Court upheld the validity of section 3 of the Armed Forces (Special Powers) Act, 1958, which empowers the Central Government, the Governor of a State, or the Administrator of a Union Territory to declare an area as “disturbed.” This declaration authorizes the use of armed forces in aid of civil power. The Court clarified that this power is not arbitrary or unguided and must be exercised based on a grave situation of law and order breakdown. The declaration must be for a limited duration and reviewed periodically, preferably within six months, to prevent misuse or overreach. It was held that such power is essential for the Union to discharge its duty under Article 355 of the Constitution, but its exercise must be justified by material circumstances warranting armed force deployment — Extra Judicial Execution Victim Families Association v. Union of India AIR 2016 SUPREME COURT 3400.
6. Substituted by the Armed Forces (Assam and Manipur) Special Powers (Amendment) Act, 1972, w.e.f. 5-4-1972. Prior to its substitution, section 3 read as under: “3. Power to declare areas to be disturbed areas.—If the Governor of Assam or the Chief Commissioner of Manipur is of the opinion that the whole or any part of the State of Assam or the Union territory of Manipur, as the case may be, is in such a disturbed or dangerous condition that the use of armed forces in aid of the civil power is necessary, he may, by notification in the Official Gazette, declare the whole or any part of the State or Union territory to be a disturbed area.”
3 ARMED FORCES (SPECIAL POWERS) ACT, 1958
Special powers of the armed forces.
4. Any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces may, in a disturbed area,–
(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition or explosive substances;
(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified position or shelter from which armed attacks are made or are likely to be made or are attempted to be made, or any structure used as a training camp for armed volunteers or utilised as a hide-out by armed gangs or absconders wanted for any offence;
(
c) arrest, without warrant, any person who has committed a cognizable offence or against whom a reasonable suspicion exists that he has committed or is about to commit a cognizable offence and may use such force as may be necessary to effect the arrest;
(d) enter and search without warrant any premises to make any such arrest as aforesaid or to recover any person believed to be wrongfully restrained or confined or any property reasonably suspected to be stolen property or any arms, ammunition or explosive substances believed to be unlawfully kept in such premises, and may for that purpose use such force as may be necessary.
COMMENTS
CASE LAWS
Scope of Operational Powers – Use of Force in Disturbed Areas - The Supreme Court elaborated on the extent of powers conferred under section 4 of the Armed Forces (Special Powers) Act, 1958, which authorizes personnel of the armed forces to use force, even to the extent of causing death, for maintaining public order in disturbed areas. The provision was challenged on grounds of violating fundamental rights. The Court upheld the constitutional validity of section 4, stating that its operation is limited to areas declared as “disturbed” and subject to safeguards, such as due warning before the use of force. It ruled that while the powers are extraordinary, they are not arbitrary and are intended to be exercised with restraint and accountability. The judgment clarified that section 4 is an enabling provision granting essential authority for armed forces to function effectively in areas experiencing serious law and order breakdowns — Naga People’s Movement of Human Rights v. Union of India AIR 1998 SUPREME COURT 431.
Arrested persons to be made over to the police.
5. Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest.
SECTION NOTES
5.1 Handling of Arrested Individuals
COMMENTS
Section 5 applies to any person arrested and taken into custody under the Act. Such a person must be handed over to the officer in charge of the nearest police station. This transfer must occur with the least possible delay.
A report must accompany the arrested person, detailing the circumstances that led to the arrest.
CASE LAWS
Prompt Handover to Civil Authorities – Mandatory Compliance - The Supreme Court interpreted section 5 of the Armed Forces (Special Powers) Act, 1958, which mandates that any person arrested and taken into custody by the armed forces must be handed over to the nearest police station “with the least possible delay.” The case involved scrutiny of whether security forces were complying with procedural safeguards during operations in disturbed areas. The Court emphasized that this provision is not merely directory but mandatory, reinforcing the role of civil authority even during military operations. It held that prompt handover is a critical check against potential misuse of power and ensures the arrested individual enters the legal process under civilian oversight. The judgment reaffirmed that such procedural requirements are essential to uphold constitutional protections, even under extraordinary circumstances — Naga People’s Movement of Human Rights v. Union of India AIR 1998 SUPREME COURT 431.
Protection to persons acting under Act.
6. No prosecution, suit or other legal proceeding shall be instituted, except with the previous sanction of the Central Government, against any person in respect of anything done or purported to be done in exercise of the powers conferred by this Act.
COMMENTS
SECTION NOTES
6.1 Prior Sanction Required for Legal Proceedings
Restriction on Legal Action: No: Prosecution, Suit, or Other legal proceeding, Shall be instituted against any person for actions taken under or purported to be under this Act.
Condition:
Such legal proceedings can only be initiated with the previous sanction of the Central Government.
ARMED FORCES (SPECIAL POWERS) ACT 1958 – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : JUNE 2025
EDITION : 2025 EDITION
ISBN NO : 9789371269575
NO. OF PAGES : 32
BINDING TYPE : PAPERBACK
DESCRIPTION
Armed Forces (Special Powers) Act 1958 [Bare Act with Section Notes] by Taxmann is a definitive and up-to-date reference on the statutory powers granted to the Indian Armed Forces in disturbed areas. This Edition brings together the principal Act, allied legislation, and detailed section-wise notes, providing clear interpretation and practical guidance for legal, administrative, and operational contexts. This book is intended for the following audience:
• Legal Practitioners, Advocates & Judges
• Government Officials, Policymakers & Law Enforcement
• Defence Services & Armed Forces Personnel
• Academicians, Researchers & Students
• Human Rights Organisations & Civil Society
The Present Publication is the 2025 Edition, covering the amended and updated text of the Armed Forces (Special Powers) Act [Act No. 28 of 1958] and Rules, with the following noteworthy features:
• [Complete & Amended Text] Incorporates the latest amendments to all included Acts
• [Section-wise Notes] Clear explanations, historical insights, and practical compliance guidance for each section
• [Judicial Commentary] Summaries of Supreme Court and High Court decisions interpreting key provisions
• [Allied Acts Compiled] Comprehensive coverage for all regional and historical requirements
• [Pre-amendment Footnotes] Reference to earlier provisions for historical context
• [User-friendly Structure] Organised for fast reference with detailed subject indexes
• [Editorial Reliability] Curated and reviewed by Taxmann's expert editorial board
