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Armed Forces (Special Powers) Act (AFSPA), 1958

The Armed Forces (Special Powers) Act, 1958, grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas" in India's northeast. Once an area is declared "disturbed" under Section 3 of the Act (by the Governor of the state or the Central Government), Section 4 grants the armed forces sweeping powers including the authority to fire upon or otherwise use force, arrest without warrant, and enter and search premises.

Key details

Enacted: September 11, 1958 (originally for Assam and Manipur; separate Act for J&K in 1990)
Section 3: Declaration of "disturbed area" — by Governor or Central Government
Section 4: Powers granted — fire after due warning, arrest without warrant, enter and search premises without warrant
Section 6: Protection from prosecution — no legal proceeding without prior Central Government sanction
Key judicial challenges: Naga People's Movement of Human Rights v. Union of India (1997) — SC upheld AFSPA's constitutional validity but imposed guidelines (grievance cells, periodic review of "disturbed area" declaration)
Extra-Judicial Execution Victim Families Association v. Union of India (2016) — SC ruled that immunity under AFSPA is not absolute; security forces are accountable for excessive force
AFSPA currently applies in: Assam, Nagaland, Manipur (excluding Imphal Municipal Council Area), and parts of Arunachal Pradesh
The Jeevan Reddy Committee (2005) recommended repeal of AFSPA; the recommendation has not been implemented