Legal Framework and Regulatory Compliance
The legal map
The exam tests how PSARA 2005 and the Private Security Agencies Rules 2006 operate alongside Assam state rules, criminal law and labour law. PSARA regulates private security agencies: licensing, verification of guards, training, records and penalties. The Controlling Authority monitors compliance; police deal with offences. Criminal law now includes the Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023.
Core compliance points
- A guard has no police powers of search, seizure or investigation.
- A private person may arrest under BNSS section 35 for a non-bailable, cognizable offence committed in his presence, and must hand the person to police.
- Arms require a valid licence under the Arms Act 1959; most guards are unarmed.
- Labour compliance includes minimum wages, payment of wages, EPF/ESI where applicable, and contract labour rules.
- CCTV and personal data handling must respect privacy and the Digital Personal Data Protection Act 2023.
Worked example
A client tells a guard to “lock a suspected thief in the store room until police come.” The guard should refuse prolonged confinement. If the offence is non-bailable and cognizable and occurred in his presence, he may restrain briefly under BNSS section 35 and call police immediately. Otherwise he records details and reports. False imprisonment creates civil and criminal liability.
Traps that cost marks
- Saying PSARA licenses individual guards rather than agencies.
- Believing a guard may search anyone on suspicion.
- Ignoring labour law because the guard is “security staff.”
- Quoting repealed IPC/CrPC sections without the current BNS/BNSS equivalent.