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Old 07-19-2016   #193
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Default Armed Forces (Special Powers Act), 1958, or AFSPA

The legal position of India's armed forces when engaged in internal security operations are governed by the AFSPA; not without controversy as this article explains:

Accountability before the civil courts is well illustrated by this passage, with an incredible period in military detention:
Another big difference is the production of an arrested person before a magistrate, which is the origin of most complaints. According to the CrPC, an arrested person to be produced within 24 hours of arrest. However, the AFSPA permits a longer delay if the situation warrants so. Section 5 of the Act says the arrested person should be “made over to the officer-in charge of the nearest police station with the least possible delay”. Several cases have been quoted in which the army failed to produce the arrested persons for several days, sometimes even months, taking advantage of the “least possible delay” clause. In one instance, the person presented before the magistrate had been (in custody for) five years before. There is zero transparency in this procedure and it should be amended keeping in mind human rights angle.
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