The Private Security Agencies Regulation Act (PSARA) of 2005 stands as a pivotal legal framework that has evolved to govern the dynamic landscape of private security agencies. By introducing stringent regulations and standards, the Act aims to instil professionalism, ethical conduct, and accountability within the industry.
Through the proposed procedural reforms for obtaining a PSARA licence, the Act seeks to simplify the licencing process while ensuring a high level of compliance. By establishing partnerships with reputable training institutes and adhering to police verification, private security agencies can ensure a skilled and trustworthy workforce, contributing to public safety. In this blog, we will see the punishment under PSARA Act for private security agencies.
Private Security Agency Regulation Act (PSARA), 2005
The Private Security Agency Regulation Act (PSARA), enacted in 2005, was introduced to govern and oversee the operations of private security agencies in the country. This legislation primarily focuses on addressing the functioning of these agencies.
The aim of the Act is to institute rules and directives governing the conduct and functions of private security agencies and also provide for punishment under PSARA Act for private security agencies in cases of contravention. This guarantees their operation adheres to a stringent legal structure. The Act specifically disallows these agencies from intruding upon police responsibilities, employing illicit weaponry, getting involved in behaviour against societal norms or criminal deeds, or donning attire that resembles police uniforms.
Procedure for Obtaining a PSARA Licence
Before going into the punishment under PSARA Act for private security agencies, the procedure to obtain a PSARA license must be understood. To obtain a licence under the Private Security Agency Regulation Act, the following steps should be followed:
1. Document Organisation:
Collect and organise all required documents in a careful manner. Ensure clarity and legibility of documents related to registrations, promoter and director details, and other necessary information. Proper arrangement of documents expedites the application process and subsequent licence acquisition.
2. Memorandum of Understanding (MOU) with Training Institute:
Engage in an MoU with an eligible training institute, which can be found on the official website https://psara.gov.in. This partnership enables your agency to provide training to potential candidates. Collaborating with a reputable training institute enhances the quality of your workforce. Ex-servicemen often receive certain training-related relaxations.
3. Filing the Application:
Submit the application (Form-I) along with the necessary documents to the appropriate state authority responsible for PSARA Licence. Attach Form-II for antecedent verification and accompany Form-III in the form of an affidavit along with Form-I.
4. Police Verification:
Following the submission of Form-I, police verification is conducted. For agencies structured as partnerships or companies, the respective directors also undergo police verification. This step validates the background of those associated with the agency.
5. Grant of PSARA Licence:
If the application is accompanied by a No Objection Certificate (NOC) issued by the police after successful verification, the authority evaluates the application. Subsequently, a decision is made to either grant the PSARA Licence in Form-IV or reject the application based on compliance and other factors.
Punishment Under PSARA Act for Private Security Agencies for Contravention of Provisions
The punishment under PSARA Act for private security agencies for the contravention of provisions under PSARA are given below:
Contravention of Section 4:
The punishment for violation of section 4 of the Act is as following:
- Imprisonment for a term that may extend up to one year, or
- A fine ranging from a minimum of ten thousand rupees to a maximum of twenty-five thousand rupees, or
- Both imprisonment and fine, as deemed appropriate.
Contravention of Sections 8, 9, or 11:
The punishment under PSARA Act for contravention of these sections of the Act are:
- A fine of not less than five thousand rupees but not exceeding twenty-five thousand rupees.
- Additionally, as a punishment under PSARA Act the PSARA licence held by the private security agency may be suspended or cancelled.
Offences by Companies under PSARA Act
When a company is penalised under the PSARA Act, individuals in authoritative roles within the company during the time of the violation or those responsible for overseeing and answerable for the company’s business conduct alongside the company itself, are regarded as responsible for the transgression. Consequently, they can face legal actions and punishment under PSARA Act.
Offences Punishable by Trial
Offences that entail penalties under the PSARA Act must be addressed by a Judicial Magistrate of the First Class possessing authority in the area where the offence occurred. This ensures that the legal proceedings are held within the suitable legal setting.
Offences Considered Cognizable
All offences falling within the realm of the PSARA Act that bear linked penalties are categorised as cognizable offences, as delineated by the Code of Criminal Procedure. This categorisation signifies that law enforcement agencies have the power to effect arrests, conduct inquiries, and commence legal actions without the necessity of a warrant for these offences.
Graded Penalty System
In line with contemporary enforcement strategies, a prudent step towards enhancing the Private Security Agencies Regulation Act (PSARA) is the adoption of a graded penalty system. An amendment in this direction can provide a clearer approach to penalties for offences. Currently, the Act and its Rules follow a rigid structure that lacks flexibility in dealing with minor, technical, or initial infractions. Introducing a compounding provision would empower enforcement agencies and private security agencies (PSAs) to address such cases with more efficiency.
Furthermore, introducing provisions for issuing improvement notices and licence suspension for non-compliance could significantly bolster enforcement. This framework would grant regulators the authority to cancel or revoke licences if PSAs fail to adhere to compliance conditions outlined in these notices. This approach strikes a balance, enabling industry-driven self-regulation and improvement in adherence to norms.
Moreover, incorporating provisions for compounding offences, particularly minor or first-time transgressions, should be considered. This discretionary measure allows regulators to manage minor infractions efficiently, reducing the burden of protracted litigation.
Final Thoughts
PSARA Act promotes a responsible private security industry that aligns with legal standards and societal norms. By implementing these provisions and amendments, the Act aims to create a secure environment while nurturing a compliant and ethical private security sector that serves the safety needs of the nation. It also provides punishment under the PSARA Act for private security agencies for contravention of its provisions.
The Act’s punitive provisions highlight the commitment to maintaining quality and legality in the sector. The penalties for contravention, encompassing individuals and companies, reflect the Act’s emphasis on individual responsibility and corporate accountability.
