The Armed Forces (Special Powers) Act, 1958

(1) This Act may be called 3[the Armed Forces (Special Powers)Act, 1958.] 4[(2) It extends to the whole of the States of 1[2[Arunachal Pradesh, Assam, Manipur, Meghalaya,Mizoram, Nagaland and Tripura.]]]

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 ForceAct, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), shall have the meanings respectivelyassigned to them in those Acts.

1[3. Power to declare areas to be disturbed areas.If, in relation to any State or Unionterritory to which this Act extends, the Governor of that State or the Administrator of that Unionterritory or the Central Government, in either case, is of the opinion that the whole or any part of suchState or Union territory, as the case may be, is in such a disturbed or dangerous condition that the useof armed forces in aid of the civil power is necessary, the Governor of that State or the Administratorof that Union territory or the Central Government, as the case may be, may, by notification* in theOfficial Gazette, declare the whole or such part of such State or Union territory to be a disturbedarea.]

Any commissioned officer, warrant officer,non-commissioned officer or any other person of equivalent rank in the armed forces may, in adisturbed area,― (a) if he is of opinion that it is necessary so to do for the maintenance of public order, aftergiving such due warning as he may consider necessary, fire upon or otherwise use force, even tothe causing of death, against any person who is acting in contravention of any law or order for thetime being in force in the disturbed area prohibiting the assembly of five or more persons or thecarrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition orexplosive substances; (b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared orfortified position or shelter from which armed attacks are made or are likely to be made or areattempted to be made, or any structure used as a training camp for armed volunteers or utilised asa hide-out by armed gangs or absconders wanted for any offence; (c) arrest, without warrant, any person who has committed a cognizable offence or againstwhom a reasonable suspicion exists that he has committed or is about to commit a cognizableoffence and may 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.

Any person arrested and taken into custodyunder this Act shall be made over to the officer in charge of the nearest police station with the leastpossible delay, together with a report of the circumstances occasioning the arrest.