Can Contract Security Personnel Apply Indian Penal Code On Duty For Factory Union?? - CiteHR
Psdhingra
Legal Analyst, Hrm
123punchbala123
Securtity Officer
Vkokamthankar
Asst. General Manager - Hr
Sbaliarsingh
Security, Para Legal
+3 Others

Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
Hi Friends,
We are a group of Private Contract security personnel working in a reputed multinational factory. Recently due to differences with Management, the factory union has decided to go on strike. My 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 during this is can we apply Indian Penal Code rules and International Rules and regulations of Private Security Providers rules in this situation..??
Community Prime Sponsors
FactoHR.com - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS.
Talentedge.com "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA.
Dear friend,
basically your question is not clear, but i can say only one thing for you, In This country each and every act govern by Indian act.
For any Criminal activity, there is a act known as Indian penal code and how to Execute IPC is mentioned in CRPC.
Who are you to apply IPC on Others?? You and your every act is Govern by Indian Act.
Now if u want to ask something more than shoot yur quarry in detail.
Thanks and regards.
Dear Punchbala,

Provisions of the IPC, CrPC, Indian Evidence Act, or any other Act is not within the domain to apply directly by any private body. The sections of these Acts can be applied only by the law enforcing authoritiers, i.e., the police or the law courts. The private contract security is bound to report the matter to the authorities of the organization, which in turn can lodge a police complaint if the provisions of any law is noticed to be violated by any individual or group of individuals within the premises of the organisation. The private security agency cannot take law in to their own hands, otherwise, not only the security agency, but also the management can be held responsible for taking law in to their own hands.

However, if the security agency or the management apprehends violation of any law by the group of individuals, the management, as a matter of precaution make report to the police for police protection by showing its cause of concern, so that any offence may be avoided within the premises of the organization.


Hi

From your question, it is construed that you want to restore normalcy/order in the office premises (fearing some untoward incidents from the Trade Union). If this statement is right, then my answer is as below:-

In the IPC, provisions of Right of Private Defense of LIFE and PROPERTY has been enumerated and each citizen of this Country can exercise this provisions. Please note that Police resort to this provisions when controlling crime against life and property. When there is encounter killing by Police, they resort to justification under this provision only.

In your circumstances, if the life of any of the persons or property of the office is at stake, you can exercise the rights. But pls note that justification should be very resonable; so that Trial Court and Investigation Agency (Police) believe that your act was done in exercise of these provisions; failing which life of your self or others or property of your self or others was at serious stake.

Please refer to Section 97 to 106 of IPC for further clarity

regards

subrata
  • If you are concerned about security of life and property at your factory premises, you can do all those things which any citizen can do. To keep away unruly workers away from factory, probably you may close factory temporarily and restrict the entry, temporarily, by following due process.
  • But you can not take law in your hand.
  • You have no right to actions such as detaining any body, making preventive arrest, lathicharge etc.
  • It is better to inform police and let them do the bandobast and bring the normalcy. private or internal security is not substitute for police.

Dear Punchbala,
Is this the first time you are facing a strike situation in your factory? You do seem very excited about it.
Well, let me tell you a few things about 'Private Security'.
1. Private security agencies have acquired a bad name purely because of 'Not knowing their job, their powers, their limitations and to top it all the implementation / execution of work is shoddy and designed only for personal gains of the owner of the security agency'.
2. The guards hired are not physically fit and are not trained for the job. They are overworked and under-paid.
3. They are only motivated by the spirit of self-preservation and survival.
4. It may or may not apply to the agency you work for currently, but most agencies have no idea of the law and how to act, react and ensure compliance of the provisions of law.
5. Most agencies in their avarice do not meet their statutory compliances, thereby getting on the wrong side of the law. Once the line is crossed into illegal territory a saga of falsifying documents and preventive bribing commences. And believe you me it is a vicious circle. The proprietor is the ultimate victim.
6. In this environment of "CHALTA HAI" attitude, the principal employer who has reposed his trust in the agency is at the greatest risk. As security being virtually non-existent, when things begin to go wrong a process of witch-hunting begins. Contracts are terminated and fines imposed. People go to court and time and money are poured down the drain(s).
Dear Sir,
My advide to you is first get abreast of the law.
Have the factory security standing orders updated.
Have the security standing orders promulgated in the factory.
Liaise with the Police.
Take pre-emptive actions such as keeping your ear to the ground and getting information about the intentions of the strikers. If the intentions are peaceful, smile and watch the proceedings, letting the administration handle the union leaders. If you apprehend trouble arrange with the police to take pre-emptive action. The mere presence of some police is a great deterrence.
Discuss the various options depending upon contingencies with the administration beforehand and be prepared with the right number of personnel at the right time for each possibility.
Here's wishing you the best of luck.
Aye.
Colonel Gahlot
Proprietor 'TRUGUARD SECURITY SERVICES'.
09810081197
Provisions of IPC will apply irrespective of your entity. However, your query is not clear. Please send us your specific query and I am sure you will receive appropriate response. Vasant Nair
Dear Sir,
What I meant by my question was, since we are working inside the factory premises as contract security, can we make use use of Indian Penal Code to protect our well being due to factory Union Problem...??
Thanks
Dear Colonel Gahlot,
Firstly, I would like to thank you for your kind and knowledgeable advice and comment.
Secondly, I wish to say that YES, this is the first time we are facing this kind of situation in the factory.
Thirdly, I would like to inform you that one of my Colleague and guard who were working previously in the factory were assaulted during line of duty by members of the factory Union over the matter of security rules and regulation. Nothing was done by the Management or my own company regarding this incident.
Hence, we have decided this time we are not going to let things get away out of control.
Thus, requesting you to enlighten me more on how to handle this present situation.
Thanks and Regards,
123punchbala123
  • Firstly you should report incidences like violent assault to both managements and ask them to take appropriate action including police FIR.
  • In case you feel there is no proper response and action, victim can lodge FIR with police and pursue for police investigation and action. But mind you dealing with police without the support of management is very difficult.


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™