Private Detective Agencies (Regulation) Bill, 2007

Private Detective Agencies in Delhi : Private & Corporate detectives, sought to be regulated by a Central legislation, will be allowed to work only in the non-government sector and keep strictly off any investigation into bona fide activities or affairs of the state, particularly the work of state agencies such as IB, R&AW or CBI. Importantly, a clause is proposed to be inserted in the Private Detective Agencies in India (Regulation) Bill, 2007, debarring private detective agents from interfering with the right to privacy of an individual, including tracking of his/her personal letters or electronic communication.

The draft report of a home ministry committee under secretary (border management) — set up to consider issues raised by a parliamentary standing committee on the Private Detective Agencies in India (Regulation) Bill, 2007 — has also recommended that only Indian citizens be issued the licence to become a private detective, and that control of PDA remain in Indian hands. Importantly, the PDA will be defined as a person enrolled as a member of the Central Institute of PDAs, which will also arrange for their training by setting up training centers and accredited institutions and courses.

The committee has recommended inclusion of a separate Schedule in the bill - listed in the agenda for the upcoming session of Parliament — listing the activities that can be undertaken or be forbidden for PDAs, after they have obtained a licence under the proposed legislation. The permitted areas include asset investigations such as location and ownership, business or corporate issues, pre-employment verification, post-employment integrity checking, pre-matrimonial & post-matrimonial background checks, divorce cases investigation, surveillance detectives, security surveys, insurance fraud probes, pre-joint venture or collaboration investigation and pilferage-related investigation.

However, what will remain out of bounds for private detective agencies (PDA) are anti-counterfeiting security related matters, domestic or marital discord issues for which a police complaint is pending, collection of personal information infringing upon privacy of an individual, technological investigation, valuables theft investigation, environmental issues investigation, financial or accounting investigation, forensic or fingerprint investigation or handwriting analysis, insurance claims of government companies, IPR investigations, investigation relating to court cases, missing persons probe, search of archaeological records, white collar crimes investigation or undercover investigation.

The private detective agencies will have to work as per a code of ethics and code of conduct to be laid down by the proposed regulatory authority, the Central Institution for PDA (CIPDA). These codes will govern the collection of information by the PDA, including its manner, methodology, timing, storage, retrieval, ownership and usage. In case any cognizable offense comes to the notice of an agent, the home ministry panel has proposed that he/she report to the superior and/or police.

The evidence furnished by a PDA will be like that of any private person called upon by the court to give evidence.

A Register of certified private detective agencies, the home ministry committee has recommended, shall be maintained listing the private detective agencies who have the requisite qualifications and experience and fulfill the statutory requirements. The disqualification of detective agents would also have to be specified, along with the procedure for their removal from the register of private detective agencies.

Private detective agencies found intentionally violating conditions of their licences will face cancellation of their licence. If any individual agent is found to be involved in illegal activity, his/her name may be struck from the Register of Certified Agents temporarily or permanently.

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