The Armed Forces (Special Powers) Act, 1958
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Act details
| Short title | The Armed Forces (Special Powers) Act, 1958 |
|---|---|
| Long title | An Act to enable certain special powers to be conferred upon members of the armed forces in disturbed areas in the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura. |
| Act number | 28 of 1958 |
| Act year | 1958 |
| Enactment date | 11 Sep 1958 |
| Ministry | Ministry of Home Affairs / Department of Internal Security |
| Department | Department of Internal Security |
| Jurisdiction | Central (Parliament of India) |
| Sections | 7 |
| Status | Not repealed |
| Last checked on India Code | 4 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of the Armed Forces (Special Powers) Act, 1958
Key Points Relevant to Operational and Legal Oversight (Deceased Sailors Context)
1. Jurisdiction and Declaration of Disturbed Areas: - Relevance to Deceased Sailors: Operations in declared disturbed areas might increase the likelihood of fatalities. Understanding the legal framework governing such areas is crucial for operational planning and the subsequent handling of casualties.
2. Special Powers of Armed Forces :
• Implication for Deceased Sailors: While Section 4(a) pertains to the use of force, in the context of deceased sailors, it indirectly highlights the risky operational environments they might have been in. No Direct Relevance to the disposal of their property or effects.
3. Other Sections (Interpreted for Relevance):
• Section 6 (Protection of Persons Acting Under the Act):
• Relevance: Ensures legal protection for personnel acting under the Act, which might provide a framework for investigating incidents leading to deaths, though it does not directly address the estate of the deceased.
• Sections Not Detailed (Typical Provisions in Similar Acts):
• Arrest, Search, Seizure: No Direct Relevance to deceased sailors' estate management.
• (Hypothetical Section on Estate Management, Not in Provided Snippet):
• Actual Relevance in Other Acts (e.g., The Navy Act, 1957, Sections 175, 177, 179): These sections in other naval or military acts might outline procedures for handling the estate, debts, and effects of deceased personnel, which would be directly relevant.
Legislative history
Legislative History:
The Armed Forces (Special Powers) Act, 1958
Act Title - The Armed Forces (Special Powers) Act, 1958
Act Number / Year - 28 of 1958
Act ID (India Code) - 195828
Presidential Assent Date - September 11, 1958
Enforcement Date - September 11, 1958
Nodal Ministry - Ministry of Home Affairs
Precedent & Historical Rationale
● Constitutional Obligation Under Article 355: Enacted to aid civil authorities in maintaining public order amid severe internal security threats and armed insurgencies in designated "disturbed areas".
● Statutory Replacement of Emergency Ordinances: Promulgated to replace the preceding Armed Forces (Assam and Manipur) Special Powers Ordinance, 1958, granting specific operational powers and legal protections to military personnel.
Parliamentary Trajectory & Enactment
● Formulation: Introduced by the Ministry of Home Affairs to address growing insurgency and internal disturbance in the Northeastern region.
● Parliamentary Passage: Debated and passed by both Houses of Parliament in August/September 1958.
● Presidential Assent: Received Presidential Assent on September 11, 1958.
● Enforcement: Enforced on September 11, 1958.
Source: Official Record of Parliament, India Code, and Ministry of Home Affairs.