Legal Framework, Statutory Duties and Ethical Conduct in Security Work
This domain sets the legal boundary of the guard's job. Questions test PSARA duties, the current criminal codes, private defence and the ethical standards expected of a uniformed person.
Statutory framework
- Private Security Agencies (Regulation) Act, 2005 and the State rules: licensing of agencies, eligibility and character verification of guards, training, uniforms and identity cards, and the Controlling Authority's power to cancel a licence.
- Bharatiya Nyaya Sanhita, 2023 (BNS) replaced the Indian Penal Code; Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC; Bharatiya Sakshya Adhiniyam, 2023 (BSA) replaced the Evidence Act. Older textbooks may still cite IPC/CrPC sections.
- Offences a guard commonly meets: theft (BNS s.303, formerly IPC 378/379), criminal trespass (BNS s.329, formerly IPC 447), hurt, and mischief.
- Citizen's arrest: under BNSS s.35 (formerly CrPC s.43) a private person may arrest someone committing a non-bailable and cognizable offence in his presence, and must hand the person to the police without unnecessary delay.
- Private defence (BNS ss.34–44, formerly IPC 96–106) protects body and property, but the force must be necessary and proportionate, and the right ends when the threat ends.
Statutory duties of a guard
Protect the premises and persons; obey standing orders; record and report incidents; preserve evidence and the scene; assist the police when lawfully asked; maintain confidentiality; not to impersonate a police officer.
Ethics
Integrity, honesty with property and cash, no bribery or gift-taking, impartiality without discrimination, courtesy to women, children and the elderly, respect for human rights even with a suspect, and truthfulness in reports.
Worked example. A guard catches a youth stealing copper wire and slaps him. Reasoning: catching him is lawful; slapping is not, and it converts the guard into an offender and destroys the case. Correct action is to recover the material, restrain with minimum force only if he resists, and hand him over with a written report and witnesses.
Traps
- Quoting only IPC sections when the question asks for the current law.
- Claiming the guard can search a bag by force.
- Writing that private defence allows any amount of force.