#THE ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990 
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##ARRANGEMENT OF SECTIONS 
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###SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power to declare areas to be disturbed areas. 
4.  Special powers of the armed forces. 
5.  Power of search to include powers to break open locks, etc. 
6.  Arrested persons and seized property to be made over to the police. 
7.  Protection of persons acting in good faith under this Act. 
8.  Repeal and saving. 

 
 
#THE ARMED FORCES (JAMMU AND KASHMIR) SPECIAL POWERS ACT, 1990 

##ACT NO. 21 OF 1990 

[10th September, 1990.] 

An Act to enable certain special powers to be conferred upon members of the armed forces in the 
disturbed areas in the State of Jammu and Kashmir[^1].

BE it enacted by Parliament in the Forty-first Year of the Republic of India as follows:—

1. **Short title, extent and commencement.**—(1) This Act may be called the Armed Forces (Jammu 
and Kashmir) Special Powers Act, 1990.

(2) It extends to the whole of the State of Jammu and Kashmir[^1].

(3) It shall be deemed to have come into force on the 5th day of July, 1990. 

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “armed  forces”  means  the  military  forces  and  the  air  forces  operating  as  land  forces  and 
includes any other armed forces of the Union so operating;

(b) “disturbed  area”  means  an  area  which  is  for  the  time  being  declared  by  notification  under 
section 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  respectively 
assigned to them in those Acts.

3. **Power  to  declare  areas  to  be  disturbed  areas.**—If,  in  relation  to  the  State  of  Jammu  and 
Kashmir[^1], 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[^1].

4. **Special  powers  of  the  armed  forces.**—Any  commissioned  officer,  warrant  officer,  non-
commissioned  officer  or  any  other  person  of  equivalent  rank  in  the  armed  forces  may,  in  a  disturbed 
area,— 

(a) if he is of opinion that it is necessary so to do for the maintenance of public order, after giving 
such due warning as he may consider necessary, fire upon or otherwise use force, even to the causing 
of death, against any person who is acting in contravention of any law or order for the time being in 
force  in  the  disturbed  area  prohibiting  the  assembly  of  five  or  more  persons  or  the  carrying  of 
weapons  or  of  things  capable  of  being  used  as  weapons  or  of  fire-arms,  ammunition  or  explosive 
substances; 

[^1]. Vide notification No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu 
and Kashmir and the Union territory of Ladakh.




(b) if he is of opinion that it is necessary so to do, destroy any arms dump, prepared or fortified 
position 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 armed 
gangs or absconders wanted for any offence; 

(c) arrest, without warrant, any person who has committed a cognizable offence or against whom 
a reasonable suspicion exists that he has committed or is about to commit a cognizable offence 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  to 
recover  any  person  believed  to  be  wrongfully  restrained  or  confined  or  any  property  reasonably 
suspected  to  be  stolen  property  or  any  arms,  ammunition  or  explosive  substances  believed  to  be 
unlawfully kept in such premises, and may for that purpose use such force as may be necessary, and 
seize any such property, arms, ammunition or explosive substances; 

(e) stop, search and seize any vehicle or vessel reasonably suspected to be carrying any person 
who is a proclaimed offender, or any person who has committed a non-cognizable offence, or against 
whom  a  reasonable  suspicion  exists that  he  has  committed  or is  about to  commit  a  non-cognizable 
offence, or any person who is carrying any arms, ammunition or explosive substance believed to be 
unlawfully held by him, and may, for that purpose, use such force as may be necessary to effect such 
stoppage, search or seizure, as the case may be. 

5. **Power  of  search  to  include  powers  to  break  open  locks,  etc.**—Every  person  making  a  search 
under  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.

6. **Arrested persons and seized property to be made over to the police.**—Any person arrested and 
taken  into  custody  under this  Act  and every  property,  arms,  ammunition  or  explosive  substance  or any 
vehicle or vessel seized under this Act, shall be made over to the officer-in-charge of the nearest police 
station with the least possible delay, together with a report of the circumstances occasioning the arrest, or 
as the case may be, occasioning the seizure of such property, arms, ammunition or explosive substance or 
any vehicle or vessel, as the case may be.

7. **Protection of persons acting in good faith under this Act.**—No prosecution, suit or other legal 
proceeding shall be instituted, except with the previous sanction of the Central Government, against any 
person in respect of anything done or purported to be done in exercise of the powers conferred by this 
Act. 

8. **Repeal  and  saving.**—(1)  The  Armed  Forces  (Jammu  and  Kashmir)  Special  Powers  Ordinance, 
1990 (Ord. 3 of 1990), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be 
deemed to have been done or taken under the corresponding provisions of this Act.