Laws Governing "Private Security Agencies" in India and Suo Moto Petition

In a recent development, Supreme Court has decided to initiate a suo moto petition questioning the working of “private security agencies” in India. In the light of this petition, following issues have been framed by the court –

1. What is the legal regulatory framework under which the private security agencies operate?

2. What are the parameters/norms that are considered for issue of firearm/weapon licences to private security personnel?

3. What are the guidelines, if any, governing the use of such firearms/weapons, by private security personnel; if not, whether it is necessary to frame definite parameters on the subject? 

4. What are the rights and duties of private security agencies under the law, particularly, vis-a-vis the criminal law of the land?

Petition was initiated following the demise of Liquor Baron Ponty Chanda in a firing mishap. The said firing saw involvement of some of the private security guards. The reason for which an individual employs private security is the protection. If this purpose turns out to be the reason of death, then consequences can be grave. Police cannot provide protection to everyone personally, and hence, some have resorted to the middle path by employing private security guards. These private security guards are usually provided by the Private Security Agencies (“PSA”). According to 2010 records of National Crime Records Bureau, the number of police personnel per lakh population is 133 with Mizoram placed on the top of the ladder (1065). On the other hand, Bihar, with 64 policemen per lakh population has been placed at the bottom. Report can be accessed here – Download

“The ‘Actual’ strength of Civil Police, including District Armed Police in the country during 2011 stood at 12,81,317 against the ‘Sanctioned’ strength of 16,60,953” – 2011 Statistics, National Crime Records Bureau

Above data of National Crime Records Bureau does show a reason why some individuals prefer private security, but lacuna still remains over the functioning of PSA.

In India, PSA are governed by The Private Security Agencies (Regulation) Act, 2005 (“Act”). Section 3 of the Act leaves to the state the power to appoint Controlling Authority for regulating PSA. Section 10 of the Act provides that no PSA shall employ a person unless he is a citizen of India, completed 18 years of age, satisfies his antecedents, trained etc. The Section also provides for a preference (“may give”) to be given to the persons already served in a force such as Army, Navy, and Air Force etc. Section 25 of the Act leaves it to the respective state government to enact rules for carrying out the provisions of the Act. Unfortunately, the Act does not answer the questions framed by the Supreme Court in this petition. It has rather left to the respective state governments to make rules, if there be any. In pursuance of the Act Delhi Government, in 2009, passed the rules governing PSA. Similarly, Haryana in 2009, Tamil Nadu in 2008, Odhisa in 2009, Maharashtra in 2007 etc.  Interestingly, in 1981, Maharashtra seemed to have enacted a law “Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act” for the welfare of Private Security Guards employed in factories and establishment.

Unfortunately, none of the rules or act mentioned above provides a sufficient answer to the questions raised by the Supreme Court. In light of another lacuna of the Act, a petition was filed by Security Association of Goa in 2008 pertaining to employment issues. Because of these reasons, Supreme Court has rightly initiated the petition.

PSA provides service to an individual and comes under the ambit of service sector. Over a period of time, this sector has been able to provide employment a large of number of people. Hence, a proper legal framework is also necessary given the number of people employed in the sector. As far as employment conditions are concerned, those who work in this sector need to be put under a proper rules and conditions. The outcome of this suo moto petition can expected to be a milestone in the area related to PSA, both for the security of an individual and also that of the person working an as employee in this sector.