Legal Framework for Private Security in India and Punjab (PSARA, BNS Basics, Private Defence, Arrest by Private Persons)
Domain 8 tests the legal limits of a guard's work under PSARA, 2005 and the new criminal codes, the Bharatiya Nyaya Sanhita (BNS) 2023 and the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, in force from 1 July 2024.
PSARA essentials
- A private security agency must hold a licence from the state licensing authority and works under the state controlling authority; in Punjab the Director General of Police is the controlling authority and district police officers act as licensing authorities.
- Guards must be trained, character-verified and issued identity cards; records are maintained and produced on demand.
- A guard performs only security duties for the client. PSARA gives no police powers, and uniforms must not resemble police uniform.
Private defence (BNS Sections 34 to 44)
The right protects body and property against unlawful force. It must be proportionate, used at the time of the threat and not for revenge or punishment. It extends to causing death only in narrow situations such as reasonable fear of death or grievous hurt, or certain property offences at night. Excess use is itself an offence.
Arrest by a private person (BNSS Section 35)
A private person may arrest someone who, in his presence, commits a non-bailable and cognizable offence, and must hand the person over to the police without unnecessary delay. Restraint must be no more than necessary. Do not beat, strip, confine for long, demand money or settle the matter. Inform the police, preserve evidence and record witnesses. A woman may be searched only by a woman.
Worked example
A man is caught cutting copper cable inside the plant. Reasoning: the offence is in your presence, so hand over promptly. Steps: ask him to stop, restrain only as needed, recover the cable and cutter, do not assault, call 112 and the supervisor, keep witnesses, note times, hand over person and property to police with a written memo and take an acknowledgement.
Traps
Beating a caught thief, which is excess private defence and a fresh offence; illegal confinement; refusing to hand over to police; taking money to release someone.