The Armed Forces (Jammu and Kashmir) Special Powers Act, 1990

(1) This Act may be called the Armed Forces (Jammuand Kashmir) Special Powers Act, 1990. (2) It extends to the whole of the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 5th day of July, 1990.

In this Act, unless the context otherwise requires,-- (a) "armed forces" means the military forces and the air forces operating as land forces andincludes any other armed forces of the Union so operating; (b) "disturbed area" means an area which is for the time being declared by notification undersection 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 respectivelyassigned to them in those Acts.

If, in relation to the State of Jammu and Kashmir*, the Governor of that State or the Central Government, is of opinion that the whole or any part of the State is in such a disturbed and dangerous condition that the use of armed forces in aid of the civil power is necessary to prevent-- (a) activities involving terrorist acts directed towards overawing the Government as by law established or striking terror in the people or any section of the people or alienating any section of the people or adversely affecting the harmony amongst different sections of the people; (b) activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution of India, the Governor of the State or the Central Government, may, by notification in the Official Gazette, declare the whole or any part of the State to be a disturbed area. Explanation.--In this section, "terrorist act" has the same meaning as in Explanation to article 248 of the Constitution of India as applicable to the State of Jammu and Kashmir*.

Any commissioned officer, warrant officer, noncommissionedofficer or any other person of equivalent rank in the armed forces may, in a disturbedarea, (a) if he is of opinion that it is necessary so to do for the maintenance of public order, after givingsuch due warning as he may consider necessary, fire upon or otherwise use force, even to the causingof death, against any person who is acting in contravention of any law or order for the time being inforce in the disturbed area prohibiting the assembly of five or more persons or the carrying ofweapons or of things capable of being used as weapons or of fire-arms, ammunition or explosivesubstances; (b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortifiedposition 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 armedgangs or absconders wanted for any offence; (c) arrest, without warrant, any person who has committed a cognizable offence or against whoma reasonable suspicion exists that he has committed or is about to commit a cognizable offence andmay 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 torecover any person believed to be wrongfully restrained or confined or any property reasonablysuspected to be stolen property or any arms, ammunition or explosive substances believed to beunlawfully kept in such premises, and may for that purpose use such force as may be necessary, andseize any such property, arms, ammunition or explosive substances; (e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any personwho is a proclaimed offender, or any person who has committed a non-cognizable offence, or againstwhom a reasonable suspicion exists that he has committed or is about to commit a non-cognizableoffence, or any person who is carrying any arms, ammunition or explosive substance believed to beunlawfully held by him, and may, for that purpose, use such force as may be necessary to effect suchstoppage, search or seizure, as the case may be.

Every person making a searchunder this Act shall have the power to break open the lock of any door, almirah, safe, box, cupboard,drawer, package or other thing, if the key thereof is withheld.