Arrested persons to be made over to the police
Section 5 of the Armed Forces (Special Powers) Act, 1958 deals with arrested persons to be made over to the police. Any person arrested and taken into custody 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. The Act came into force on 11 Sep 1958.
Any person arrested and taken into custody 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.
Section 5, The Armed Forces (Special Powers) Act, 1958 (Act 28 of 1958).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nb. Sub. Digambar Dutt v. State of Manipur
Court's Decision & Legal Precedent
AFSPA s.4 special powers do not substitute or displace the State's civil power in a disturbed area; armed forces act in aid of civil administration with minimal force and coordination. Distinguishing inquiry into Union armed-forces powers from inquiry into alleged criminal acts of personnel, the Division Bench upheld Manipur's Commission of Inquiry into a death during Assam Rifles operations (pith and substance: State public order).
On this section: s.5 hand-over-to-police mandate — civil administration remains in the loop; supports State inquiry competence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 5
What have the courts held on Section 5 of the Armed Forces (Special Powers) Act?
Nb. Sub. Digambar Dutt v. State of Manipur (31 Aug 2010) is the leading judgment on this section among those set out below: s.5 hand-over-to-police mandate — civil administration remains in the loop; supports State inquiry competence.
How do I find court cases under Section 5 of the Armed Forces (Special Powers) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Armed Forces (Special Powers) Act 5, section 5 Armed Forces (Special Powers) Act, section 5 of the Armed Forces (Special Powers) Act. People searching for it also type armed forces special powers act section 5 rule 4 a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nb. Sub. Digambar Dutt v. State of Manipur (31 Aug 2010).
When did Section 5 of the Armed Forces (Special Powers) Act come into force?
Section 5 of the Armed Forces (Special Powers) Act, cited as Armed Forces (Special Powers) Act 5, came into force on 11 Sep 1958, having been enacted on 11 Sep 1958. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.