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tendulkar.S (services)     01 August 2011

Can private security personel use ipc inside clients premise

Hi Knowledgeable Members, 

 

We are a group of Private Security Personnel providing security for a reputed Multinational Pharmaceutical Company. Here the factory Union due to differences with many issues with the managements has decided to go on strike...My sincere question is...

a) Can we as private security personnel apply Indian Penal Code during our line of work inside the factory premises??

b) Moreover, if we are in harm's way  on duty, during this is can we apply Indian Penal Code or  International Rules and regulations of Private Security Providers rules in this situation..??

c) Is there any other feasible solution for this problem...??

 

Thanks

 



Learning

 4 Replies

V. VASUDEVAN (LEGAL COUNSEL)     01 August 2011

The Factory Management should take the assistance from the Police for maintaining peace and orderliness and the private security guards can only support the police in accordancd with their directors. Private Security cannot invoke IPC. The IPC has to be administered by the policy in accordance with Cr.PC. Of course every person including the Private Seucirty has the right of self defense, in case of thereat to his life or dangerous situations, which are limited nad regulated.

Vasudevan

1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     01 August 2011

1.  Private Security personnel / agency does not have jurisdiction to evoke IPC or any other acts.  The company, can invoke thru two methods :


a) lodge a complaint with the local police, who will invoke the IPC
b) lodge a private complaint with the local MM court
alternatively, the company may delegate appropriate powers to the security agency to invoke the above two options.


2.  IPC can be invoked only by the state administration (i.e. police, courts, other govt. agencies)


3.  Security agency may resist and restrict the detractors / mischief mongers, with non-violent ways, like barricading, tear-gas, smoke-bombs, water canon, mild lathi-charge below knee-level, electric stingers, pepper spray, oil sliders and so on.  (appropriate prior state home dept., permission needed to use all of above)


4. Request for deputation of 2 state police personnels, and under that guise do all that is possible under the law.


Keep Smiling .... Hemant Agarwal

1 Like

Democratic Indian (n/a)     02 August 2011

Right to Life is guaranteed under Article 21 of Constitution of India, corollary to it we have Sections 96 to 106 IPC for Right of Private defence(self defense). These sections of IPC can be invoked by any person including Private Security Agencies anywhere within the territory of Union of India. There have been various rulings of Hon'ble Supreme Court in support of Right to Private defense. You may also read the following https://indialawyers.wordpress.com/2010/01/17/supreme-court-lays-down-guidelines-for-right-of-private-defence-for-citizens/


Also any private person may invoke CrPc 43(1). I quote it below:


43. Arrest by private person and procedure on such arrest.


(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

1 Like

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Your query is vague.  You harm yourself with worng advise by hindng facts.


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