The Armed Forces (Special Powers) Act, 1958 (AFSPA) is an Act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in areas declared as "disturbed areas". Its origin traces back to a 1942 British ordinance, but the independent Indian Parliament enacted the law on September 11, 1958, to address the Naga insurgency in the Naga Hills, then part of Assam. The problem it sought to solve was the inability of the civil administration to manage internal disturbances and armed rebellion.
The mechanism begins with the Governor, Administrator, or Central Government declaring an area as "disturbed" under Section 3. Once declared, the area must maintain that status for a minimum of 3 months as per the Disturbed Areas (Special Courts) Act, 1976. Section 4 grants armed forces personnel special powers, including the authority to fire upon or use force, even causing death, after due warning, against a person violating law or order. It also allows for arrest without a warrant based on "reasonable suspicion" and search of premises without a warrant. Crucially, Section 6 provides immunity from prosecution for actions taken under the Act without the Central Government's prior sanction.
The Supreme Court, in Naga People's Movement of Human Rights v. Union of India (1997), upheld the constitutional validity of AFSPA, ruling that the Act was traceable to Entry 2 of the Union List and that the armed forces act in aid of, not above, civil power. Recently, the geographical footprint of AFSPA has shrunk, with Tripura withdrawing it in 2015 and Meghalaya in 2018. However, the Centre extended the Act for another six months from October 1, 2026, in specified areas of Nagaland, Manipur, and Arunachal Pradesh, citing Section 3. This extension in Manipur partially reversed an earlier withdrawal process due to the 2023 ethnic conflict.