The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

Summary of The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

Act Overview

• Title: The Armed Forces (Punjab and Chandigarh) Special Powers Act, 1983

• Act No.: 34 of 1983

• Enactment Date: 8th December, 1983

• Extent: Whole of the State of Punjab and the Union territory of Chandigarh

• Commencement: Deemed to have come into force on 15th October, 1983

Key Provisions

1. Declaration of Disturbed Areas (Section 3)

• The Governor of Punjab, the Administrator of Chandigarh, or the Central Government can declare an area as "disturbed" if it's necessary to use armed forces for maintaining public order.

2. Special Powers of Armed Forces (Section 4)

• Fire Upon/Use Force: Against persons violating laws/orders related to assembly, weapons, etc., after due warning.

• Destroy Arms Dumps/Structures: If necessary, destroy areas used for armed attacks, training, or hideouts.

• Arrest Without Warrant: For cognizable offences or reasonable suspicion thereof.

• Search Without Warrant: For arrests, recovering wrongfully restrained persons, or seizing stolen property, arms, etc.

• Stop, Search, Seize Vehicles: Reasonably suspected of carrying proclaimed offenders, non-cognizable offence perpetrators, or unlawfully held arms.

3. Search Powers (Section 5)

• Authority to break open locks if keys are withheld during searches.

4. Surrender to Police (Section 6)

• Arrested persons and seized properties to be handed over to the nearest police station with a report.

5. Protection Clause (Section 7)

• No prosecution/suit without previous sanction of the Central Government against persons acting in good faith under this Act.

6. Repeal and Saving (Section 8)

• Repeals the Armed Forces (Punjab and Chandigarh) Special Powers Ordinance, 1983, with a saving clause for actions taken under the repealed ordinance.