Can Private Security Use Indian Penal Code During Factory Union Strikes? Seeking Advice

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 questions are:

a) Can we, as private security personnel, apply the Indian Penal Code during our work inside the factory premises?

b) Moreover, if we are in harm's way during this, can we apply the Indian Penal Code rules and international rules and regulations of private security providers in this situation?

Please let me know your thoughts on this matter. Thank you.

Understanding the Application of Indian Law

Basically, your question is not clear, but I can say only one thing for you. In this country, each and every act is governed by Indian law. For any criminal activity, there is an act known as the Indian Penal Code (IPC), and how to execute the IPC is mentioned in the Code of Criminal Procedure (CrPC). Who are you to apply the IPC on others? You and your every action are governed by Indian law. If you want to ask something more, please provide detail about your query.

Thanks and regards.

Provisions of the IPC, CrPC, Indian Evidence Act, or any other Act are not within the domain to be applied directly by any private body. The sections of these Acts can be applied only by the law-enforcing authorities, 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 are noticed to be violated by any individual or group of individuals within the premises of the organization. The private security agency cannot take the law into their own hands; otherwise, not only the security agency but also the management can be held responsible for taking the law into their own hands.

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

Regards

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 correct, then my answer is as follows:

Right of Private Defense in the IPC

In the IPC, provisions of the Right of Private Defense of LIFE and PROPERTY have been enumerated, and each citizen of this country can exercise these provisions. Please note that the police resort to these provisions when controlling crime against life and property. When there is an encounter killing by the 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 please note that the justification should be very reasonable so that the Trial Court and the Investigation Agency (Police) believe that your act was done in exercise of these provisions; failing which life of yourself or others or property of yourself or others was at serious stake.

Please refer to Sections 97 to 106 of IPC for further clarity.

Regards,
Subrata

Security Concerns at Factory Premises

If you are concerned about the security of life and property at your factory premises, you can do all those things that any citizen can do. To keep unruly workers away from the factory, you may consider temporarily closing the factory and restricting entry, following due process.

However, you cannot take the law into your own hands. You have no right to actions such as detaining anybody, making preventive arrests, or resorting to lathi charges.

It is better to inform the police and let them manage the situation and restore normalcy. Private or internal security is not a substitute for the 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 underpaid.

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 with the provisions of the 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 is 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 advice to you is first to 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 preemptive 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 preemptive 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.

Regards,

Colonel Gahlot

Proprietor 'TRUGUARD SECURITY SERVICES'

[Phone Number Removed For Privacy Reasons]

Application of IPC for Security Personnel

Provisions of the 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 an appropriate response.

Regards,
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 of the Indian Penal Code to protect our well-being due to the 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 colleagues and a guard who were working previously in the factory were assaulted during the line of duty by members of the factory Union over the matter of security rules and regulations. 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 out of control. Thus, I am requesting you to enlighten me more on how to handle this present situation.

Thanks and Regards,
123punchbala123

Firstly, you should report incidents like violent assault to both managements and ask them to take appropriate action, including filing a police FIR. In case you feel there is no proper response and action, the victim can lodge an FIR with the police and pursue police investigation and action. However, dealing with the police without the support of management is very difficult.

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 colleagues and a guard who were previously working in the factory were assaulted during the line of duty by members of the factory Union over the matter of security rules and regulations. 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 out of control. Thus, I am requesting you to enlighten me more on how to handle this present situation.

Thanks and Regards,
123punchbala123

Dear Punchbala,

For a security guard, getting assaulted during such an event is a hazard of service. Mobocracy respects no law. It may be regretted later, but in the heat of the moment, such things will happen. My sympathies are with your colleague. But don't you read of policemen being beaten up or injured while attempting to disperse mobs? Well, it's a similar situation. Thankfully, it does not occur as often as with the police. So, the point to remember is that you need to let the police do police work. If you decide to take the strikers head-on, you will be violating the law (Your very intention is wrong!) and you are likely to fare worse than the earlier occasion. Plus, you are only proving that you have not learned from your past experience.

My Advice to You

1. Keep calm.
2. Apprise the police of the past incident and ensure their presence at the proposed strike. The management can officially ask for police or paramilitary cover, even if it means paying a token amount.
3. Please study the IPC and CrPC. These codes cannot be applied in a haphazard manner. There are many implications which can land you in trouble.

Let me take you through a little exercise. It is obvious that numerically the strikers are greater in number. If things turn ugly and you plan to deal with them on your own, you would have to use some kind of weapons. There is always a possibility that you or one of your gunmen will violate the principle of 'Minimum Force'. Thus:

1. You would have transgressed the law, making yourself and your agency and your PSU liable to legal action.
2. You would have shown signs of immaturity and lack of professionalism.
3. You would have soured the environment in the factory premises for a long time to come.
4. There still remains the possibility that when the strikers come to know of your intentions, they will also resort to violence in one form or another. Say, they start a fire somewhere in the factory and, taking advantage of your preoccupation with it, they injure your personnel. What have you achieved? Nothing! Your losses will always be greater.

So, once again, my advice to you remains the same. Stay calm. Study the law. Get police help and advice. Let the administration deal with the strikers.

Here's wishing you luck.

Regards,
Colonel Gahlot

In such circumstances, as a matter of precaution, by referencing past incidents, you can request the police to provide appropriate security in addition to private security personnel. When the matter is reported to the police, it becomes their responsibility to enforce law and order. They cannot ignore your request because, in the event of any untoward incident, only the police would be held responsible if they disregard the warning signal from you. However, in your request, do not mention the deployment of private security as it may lead to inappropriate arrangements by the police. Private security is typically deployed as a preventive measure to safeguard the organization's assets and individuals from vandalism, not from mobs during any strike.

Never ask private security to take the law into their hands. In the event of any untoward incident, private security could blame you or the management for inciting them to take the law into their hands, leading to a potentially difficult situation when the police attempt to press charges against the management.

Wishing you success in managing the situation during this challenging time.

Regards

Dear Colonel Gahlot, Your wise words have made a lot of sense! I have appraised my office, and they have talked to the management accordingly...!! I am keeping my fingers crossed.

Thanks and Regards,

123PUNCHBALA123

Dear Mr. psdhingra, I thank you for your kind advice. We have decided to proceed accordingly after discussing with the management.

Thanks again,
123PUNCHBALA123