Private Detective Agencies conduct private investigations and
inquiry in cases like divorce matters, insurance matters, criminal cases for
the specific Individual or group. Presently, the Private Detective Agencies are
not required to be registered or to have a license in order to operate in India
as there is no such law in order to regulate the activities of Private
detective agencies and the private detectors hired by such agencies. However,
bill to provide a system of licensing for such Agencies and to regulate their
conduct has been introduced as Private Detective Agencies (Regulation) Bill,
2007 but is still pending in the parliament.
Private Investigating Agencies Is Legal in
India or not?
Private Investigation Agencies are
legal in India but there is no law
to regulate the conduct of such agencies. Government hardly have any control
over these agencies. They are free to operate in India without any restrictions
because of absence any law to regulate them.
Since
2007 the bill of Private Regulation is still pending in parliament. The proposed bill seeks to bring the Private detective
Agencies within the scope of Legal ambit in order to obviate the Agencies to
get involved in illegal Activities like terrorism, Naxalism etc.
Working of
Private Detective Agencies
Private Detective Agencies work
through the Private Detective hired by them. The working of Private Detective
Agencies is divided into 2 parts-
1. Private Investigation – The
Private Detectives conduct an investigation for particular Individual. They do
not have the power to apprehend or hamper any person like the police. The
Private Detectives conduct the Investigation by various highly proceed technological
products like-
·Spy Camera and Transmitters
·Private Investigation Software
·Mobile surveillance software
·Spy Microphone and Transmitters
·GPS device to track the person, vehicle etc
·Mobile phone Jammer
·Microscope
· Hidden cameras
·Other Innovative Devices
2. Private Security – No
training is provided to the Private Securities in India. Some of the Main cases
which generally comes within the ambit of Private Detective Agencies are-
·Matters Relating to Pre-Marital affairs
·Matters Relating to pre and post-employment affairs
·Matters Relating to Marital Disputes
·Matters Relating to Kidnapping
·Monitoring the Activities of Children
Evidences Collected by Private Detective
Agencies
The
Private Detective plays an important role in resolving the cases. The Evidence
fetched by the Private Detective which help both the judges in deciding the
case and the lawyers in strengthening their client’s case with the help of that
evidence, as highly esoteric equipment are used by them to collect such
evidence. The Kinds of Evidence that can be collected by the Private Detectives
are-
Testimonial
Evidence – Evidence given by the witness
under an oath before a court of law either in-
·Written
·Oral
Therefore, where the Private detective perceive
or hear anything said by any person, it is admissible as a Testimonial Evidence.
Documentary
Evidence – The Evidence in the form of
Document found by a Private Detective either in the form of-
·Real
·Original
·Hearsay
Physical
Evidence – Real
evidence that exists in the form of physical objects like Fingerprints.
Such Physical evidence collected by Private Detectives can be validly produced
before the court of law in the form of -
·Image
·Video
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