Administration Manual - B.E.S.T. Undertaking.

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In making an arrest, the person shall actually touch or confine the body of the person to be
arrested unless there be a submission of the accused by word or action. If such person forcibly resists
the endeavor to his arrest or attempts to evade the arrests, the person making arrest may use all means
necessary to effect the arrest. It has further been made clear that nothing in this section gives right to
cause the death of the person who is not accused of offence punishable with death or imprisonment or
life.
A person making the arrest can take from the person arrested any offensive weapons which he
has about his person and deliver all weapons so taken to court or Officer before which or whom the
person making arrest is required by the criminal procedure code to produce the person arrested.
It may be emphasized that this power of arrest by a private person is to be used only if the
person to be arrested has committed non-bailable & cognizable offence within his presence. In other
words if the offence has taken place somewhere else and not within his presence or if the offence is
not cognizable or being cognizable is bailable, no person belonging to Private Security Organizations
can effect the arrest.
Almost all serious offences such as theft, robbery, burglaries, possession of stolen property,
decoities, murders, grievous hurts are non-bailable & cognizable.
In addition to the above powers, the Indian Penal Code gives every private person certain
powers of defending the property and person to those specified in Section 96 to 106 of IPC. They
explain how far private person can go in order to protect property and person from the Security point
of view but this sections are very important because they indicate the limits within which Security
Personnel can operate while protecting the properties of their establishment or guarding the persons of
the organization.
The Criminal procedure code has incidentally imposed by Section 39 responsibilities on all
persons to contact nearest Police Stations in case they come to know of the commission of certain
offences such as murder, robberies, decoities, burglaries etc. Failure to do this is punishable under
Section 176 of IPC.
Against this paucity of legal powers possessed by Private Security Organisations, the
enormous powers possessed by the Police stand in bold contrast.
There is therefore no question that private Security Organizations, though charged with almost
same functions as the Police and who within their very limited spheres possess practically no powers
to enable them to deal with situations in an effective manner. If the accused is not known, the Security
personnel could only try to get information about it. They can certainly question the workers who
might know something about the offence or who are in the vicinity of the place of offence. But this
interrogation has to be gone in a correct and discreet manner so as to not to give chance to those
questioned or to their unions who are only too willing to take up their cause and build up agitation
around it.
Due to the absence of legal powers, there can not be any search or arrest and the crime remains
a mystery unless and until the property stolen is found in some way or another. Even if the accused is
known and caught red-handed he can not be dealt with in same manner as the Police would handle
him under the cover of the law.
Looking at the work done by the Private Security Organisations, one has to appreciate that
without powers or real authority, the Security Personnel do their best to guard the properties placed in