{"id":372971,"date":"2026-09-30T21:16:26","date_gmt":"2026-09-30T15:46:26","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=372971"},"modified":"2026-09-30T21:16:26","modified_gmt":"2026-09-30T15:46:26","slug":"what-are-the-provisions-of-afspa","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/what-are-the-provisions-of-afspa\/","title":{"rendered":"What are the provisions of AFSPA?"},"content":{"rendered":"

UPSC Syllabus: Gs Paper 3- <\/strong>Security<\/p>\n

Introduction<\/strong><\/h2>\n

The Union Ministry of Home Affairs has extended Armed Forces (Special Powers) Act (AFSPA), 1958 for another six months from October 1, 2026, in parts of Manipur, Nagaland and Arunachal Pradesh. In Manipur, the entire State remains a \u201cdisturbed area\u201d, except the jurisdictions of 13 police stations in five Valley districts. The extension comes amid the continuing security concerns following the ethnic conflict that began on May 3, 2023, which reversed the earlier reduction of AFSPA-covered areas in the State.<\/p>\n

AFSPA and the Concept of a \u201c<\/strong>Disturbed Area\u201d<\/strong><\/h2>\n
    \n
  1. Origin of AFSPA: <\/strong>A special powers law was first promulgated in 1942 during the Quit India movement. After Independence, AFSPA was enacted in 1958 to address increasing violence in Northeast India.<\/li>\n
  2. Purpose of the Act: <\/strong>AFSPA gives armed forces special legal powers to maintain public order in areas where State authorities face serious insurgency and internal security problems.<\/li>\n
  3. Meaning of Disturbed Area: <\/strong>Under Section 3, an area can be declared disturbed because of differences or disputes between different religious, racial, language, regional, caste or community groups.<\/li>\n
  4. Authority to Declare: <\/strong>The Central and State Governments can declare an area disturbed. For Union Territories, the administrator can also make such a declaration.<\/li>\n
  5. Duration of Declaration: <\/strong>A disturbed-area declaration continues until it is revoked. The Supreme Court has stressed that such declarations should be time-limited and reviewed periodically.<\/li>\n
  6. Geographical Application: <\/strong>AFSPA, 1958 currently applies in parts of the Northeast. Jammu and Kashmir has a separate Armed Forces (Special Powers) Act, 1990.<\/li>\n<\/ol>\n

    Major Provisions and Powers under AFSPA<\/strong><\/h2>\n
      \n
    1. Use of Force: <\/strong>Armed forces may use force, including lethal force after due warning, against persons acting in contravention of prohibitory orders, subject to the Act.<\/li>\n
    2. Arrest Without Warrant: <\/strong>Personnel can arrest a person without a warrant when the conditions prescribed under AFSPA are met.<\/li>\n
    3. Search Without Warrant: <\/strong>Armed forces can enter and search premises without a warrant, enabling action during security operations.<\/li>\n
    4. Restriction on Gatherings: <\/strong>Armed forces can prohibit gatherings of five or more persons in a disturbed area.<\/li>\n
    5. Control of Firearms: <\/strong>The armed forces can ban the possession of firearms in areas where AFSPA is in force.<\/li>\n
    6. Protection from Prosecution: <\/strong>Prosecution or other legal proceedings for acts done or purportedly done under AFSPA require prior sanction from the Central Government.<\/li>\n<\/ol>\n

      Evolution and Present Status of AFSPA in the Northeast<\/strong><\/h2>\n
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      1. Manipur<\/strong><\/li>\n<\/ol>\n