Class 12 Private Security Chapter 3 Legal and Procedural Requirements in Security Sector

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Class 12 Private Security Chapter 3 Legal and Procedural Requirements in Security Sector

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Legal and Procedural Requirements in Security Sector (Advanced)

Chapter: 3

SESSION 1: LAW OF THE LAND

ASSESSMENT

A. Short Answer Questions:

1. What are cognizable and non-cognizable offences?

Ans: Cognizable offences are those offences for which a police officer may arrest a person without a warrant issued by a court.

Non-cognizable offences on the other hand are those offences for which a police officer may arrest a person only after obtaining a warrant from the court.

Non-cognizable offences are, generally, relatively less serious offences than cognizable ones. 

2. What are bailable and non-bailable offences? 

Ans: Bailable offences are those offences in which a magistrate can give bail to a person on his/her personal appearance before the magistrate and furnishing a surety.

Non-bailable offences are those offences in which a person arrested shall not be automatically entitled to be released on bail, unlike the bailable offences.

3. Write a short note on IPC.

Ans: IPC is the main criminal code of the country which applies to whole of India, except for the state of Jammu & Kashmir. It lists out all offences and their punishments that a person committing crime is liable to be charged with.

4. Write a short note on Cr PC.

Ans: The Code of Criminal Procedure (Cr PC) is a legislation on the procedure for administration of criminal justice applicable in India, except for the state of Jammu & Kashmir. It provides procedures for investigation of crime, apprehension of suspected criminals and collection of evidence and methods of prosecution.

5. Write a short note on PSARA-2005?

Ans: The Private Security Agencies (Regulation) Act, 2005 (PSARA) was enacted to regulate the functioning of private security agencies in India. It lays down the rules for granting licenses, ensuring proper training, and maintaining standards for private security guards. The Act ensures that only qualified and verified personnel are employed by private agencies to provide security services. PSARA aims to bring accountability, professionalism, and discipline to the private security industry.

6. Write a short note on Section-96 of IPC?

Ans: Section 96 states that — “Nothing is an offence, which is done, in the right of private defence.”

Any citizen has this right of private defence and can use it where necessary.

B. Fill in the Blanks:

1. Sections 103 to 105 of IPC lay down the rights in regard to the defence of ____________. 

Ans: Property.

2. Each state has a _______________ authority to oversee the licensing and training of private security agency.

Ans: Controlling Authority.

3. PSARA, 2005 lays down guidelines for private security agencies on the following aspects:- 

Ans: (i) Licensing of private security agencies.

(ii) Training and qualification of private security guards.

(iii) Verification of character and antecedents of personnel.

(iv) Regulation of operation and maintenance of standards.

(v) Uniform, code of conduct, and supervision of security personnel.

CHECKLIST FOR ASSESSMENT ACTIVITY

Use the following checklist to see if you have met all the requirements for assessment activity.

Part A 

1. Differentiated between:

(a) Cognizable and non-cognizable offence.

Ans: 

Cognizable Offence	Non-Cognizable Offence
(i) Offences for which a police officer may arrest a person without a warrant issued by a court.	(i) Offences for which a police officer may arrest a person only after obtaining a warrant from the court.
(ii) Generally, more serious in nature.	(ii) Generally, less serious in nature.
(iii) Police can start investigation directly without permission from the court.	(iii) Police need court’s permission to start investigation.
(iv) Murder, theft, robbery, rape, etc.	(iv) Defamation, public nuisance, simple hurt, etc.

(b) Bailable and non-bailable offence. 

Ans:

Bailable Offence	Non-Bailable Offence
(i) Offences in which a magistrate can grant bail on personal appearance and furnishing of surety	(i) Offences in which the accused is not automatically entitled to bail.
(ii) Bail is a right of the accused.	(ii) Bail is a privilege granted only by the court.
(iii) Less serious in nature.	(iii) More serious and grave in nature.
(iv) Simple hurt, public nuisance, or rash driving.	(iv) Murder, rape, kidnapping, or dacoity.

SESSION 2: SPECIAL ACTS

ASSESSMENT

A. Short Answer Questions:

1. Write a short note on “The Protection of Human Rights Act, 1993”. 

Ans: Every citizen has his/ her Human Rights. Human Rights are respected world over. Human rights are basically rights which lend dignity to a human being. They include the right to life, basic freedom, personal growth, employment, to practise religious or other beliefs and the like. To safeguard the Human Rights of its people, India has constituted the Human Rights Commission. At the National level, the chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes and Scheduled Tribes and the National Commission for Women are Members of the Commission. There are State-level Human Rights Commissions. The commission looks into the complaints of Human Rights Violations in the country and investigates the incidents and issues direction. It also investigates the human rights complaints against the members of the Armed Forces. There is also a provision for setting up Human Rights courts.

2. Write a short note on “Unlawful Activities (Prevention) Amendment Act, 2011”.  

Ans: The aim of Unlawful Activities (Prevention) Amendment Act, 2011 is to deal with criminal and terrorist activities, directed against the integrity and sovereignty of India. The Act provides for effective prevention of unlawful activities of individuals and associations (dealing with terrorist activities). The Act defines ‘terrorist acts’ to include: activities that threaten the economic security of India by production, smuggling or circulation of counterfeit currency; activities related to procurement of weapons, explosives and chemical, biological, radiological and nuclear material; activities that involve detention, abduction, threats to kill or injure people or to compel government to comply with some demand; and activities to raise or provide funds for financing terrorist activities.

CHECKLIST FOR ASSESSMENT ACTIVITY

Use the following checklist to see if you have met all the requirements for assessment activity.  

Part A 

1. Differentiated between Lawful and unlawful activities.

Ans: 

Lawful Activities	Unlawful Activities
(i) Activities that are permitted by law and follow legal, moral, and ethical standards.	(i) Activities that are prohibited by law and go against the legal, moral, or ethical order.
(ii) Lawful activities are authorized, acceptable, and beneficial for society.	(ii) Unlawful activities are illegal, harmful, or dangerous to individuals or society.
(iii) Paying taxes, conducting business legally, following traffic rules.	(iiii) Theft, smuggling, terrorism, counterfeiting currency.
(iv) Such activities are protected and supported by law.	(iv) Such activities are punishable under law (e.g., IPC or special acts like UAPA 2011).
Supported and protected by the Constitution of India and its legal framework.	Prohibited and punishable under special acts like the Unlawful Activities (Prevention) Amendment Act, 2011.