The Armed Forces (Special Powers) Act, 1958 (AFSPA) is a Union 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 lies in the need to address internal disturbances, such as the uprising in the Naga Hills. The Act replaced the Armed Forces (Assam and Manipur) Special Powers Ordinance 1958, which was promulgated on May 22, 1958, and the Act itself received the President's assent on September 11, 1958 (Act No. 28 of 1958). The Act was intended for exceptional circumstances where the state administration was incapable of maintaining law and order.
The mechanism of the Act begins with the Central Government, the Governor of a State, or the Administrator of a Union Territory declaring an area as "disturbed" under Section 3. Once in force, Section 4 grants armed forces personnel special powers, including the authority to use force, even causing death, against a person acting in contravention of a law prohibiting the assembly of five or more persons, after giving due warning. Personnel can also arrest any person without a warrant on reasonable suspicion of committing a cognizable offence and enter and search any premises without a warrant. A key provision is Section 6, which grants immunity, stating that no prosecution or legal proceeding can be initiated against personnel for actions taken under the Act without the prior approval of the Central Government. Any person arrested must be handed over to the nearest police station with the least possible delay.
The Act is connected to the Disturbed Areas (Special Courts) Act, 1976, which mandates that a declared 'disturbed' area must maintain that status for a minimum of 3 months. While the Act has faced criticism regarding alleged human rights violations, its geographical reach has recently been scaled down in parts of the Northeast, such as Assam. However, the Centre has extended the Act in specified areas of Nagaland, Manipur, and Arunachal Pradesh for another six months, effective from October 1, 2026. In Manipur, the entire state, excluding the jurisdiction of 13 police stations in five Valley districts, was recently declared a "disturbed area".