- Posted by: Sanjeev
- 10 Apr, 2024
Is it Legal to Hire the Services of a Private Detective in India?
A private detective, also known as a private investigator (PI), is a professional hired by individuals, businesses, governments, or organizations to conduct investigative work. PIs gather information, collect evidence, and establish facts to come to a definitive conclusion. They often work independently or for private investigation agencies, employing various methods such as surveillance, discreet observance, research, interviews, open-source intelligence, and forensic analysis. The services of private detective agencies may include corporate investigations, extramarital affairs investigations, due diligence, risk assessment, employee verification, background checks, pre-marriage checks, etc. Private detectives play a crucial role in society and give valuable input and information.
Private individuals often hire detectives for personal matters such as infidelity investigations or locating missing family members. Companies and corporations may utilize their services for due diligence in business transactions, employee background checks, or uncovering corporate espionage. Governments may engage private detectives for tasks such as surveillance, intelligence gathering, or uncovering corruption.
In a country like India, there is all the more need for private investigators as they are needed in every sphere of life. A booming economy means more corporate fraud. A large population obsessed with caste and religion means the private investigators are here to stay for pre-marriage background checks. This is the reason that the business of private detective agencies is booming in India and growing at an astronomical pace. Private detective agencies provide specialized and necessary services which are indispensable and much needed. Such exponential growth of private detective agencies has also opened Pandora's box, and several rookies are now embracing this highly sophisticated profession.
People fear private detective agencies due to concerns about confidentiality breaches and privacy violations. Secrecy and privacy are of utmost concern to a client while dealing with a private detective agency. Often clients are worried that the detective agency they hire adheres to legal and ethical standards. Illegal services can expose clients to legal repercussions, tarnishing reputations and causing financial and personal harm. Hiring legal services mitigates risks, ensuring lawful investigations and protecting clients from potential legal entanglements. Thus, choosing services that cater to legal and ethical work fosters trust, accountability, and peace of mind in dealing with sensitive matters. Moreover, every citizen must uphold the law. Therefore, it becomes very important to learn whether the services they are availing are legal or illegal.
A brief preview of laws in India and what they say about private investigators
India is guided by the Criminal Procedure Code (CrPc), the Indian Penal Code (IPC), the Indian Evidence Act (IEA), and some special laws enacted by the parliament of India. The cornerstone of the Criminal justice system CrPc, IPC, and IEA are soon to be replaced by Bhartiya Nyay Sanhita (BNS), Bhartiya Nagrik Suraksha Sanhita (BNSS), and Bhartiya Sakshya Sanhita (BSS). The BNSS, BNS, and BSS have been enacted by the parliament and are soon set to become law in India. More or less the law is silent about private investigations in India. The law does not talk about private detectives anywhere!!! The law gives a comprehensive guideline to government agencies like the Police, CBI, MI, IB, Income Tax, and Enforcement Directorate, etc., on how to conduct investigations. It further elaborates on how to conduct search, surveillance, seizures, confiscate, prosecute, and arrest in a case. So, it can be safely assumed that the government does not encourage, endorse, or bestow any rights on private detective agencies in India. Having said that neither does the government prohibit, discourage, or illegalize the work of private investigators in India.
Some experts interpret that till the government regulates or explicitly prohibits the work of private detectives the same stands perfectly legal in India. For example, the government can’t allow private citizens to keep an army or keep arms and hence this activity is illegal and will attract punishment. Likewise, there exist so many detective agencies in India and they work openly, so they are perfectly legal.
Owners of private detective agencies and private investigators in India, further point out that they do not function in an underground fashion and openly solicit clients on various forums and promote their business activities. Those who indulge in illegal activities always function in underground markets. They sell their products in a hidden manner or on the dark web. Has anyone seen a drug dealer advertising his products on web browsers, newspapers, or billboards? Private detective agencies openly advertise on these forums. Yet another perfect illustration will be of massage parlors and spas in major cities of India. The activity of prostitution is completely illegal and is punishable under the immoral trafficking prevention Act (ITP Act). But the activity of prostitution is commonly conducted from massage parlors and spa centers as has been evident from many past cases and police firs. Private detective do not conduct their business in any other name and rather work openly. So, if you sell Arms it is illegal under the Arms Act, if you sell drugs it is illegal under the Narcotics Drugs and Psychotropic Substances (NDPS) Act but going by the same test no law prohibits the activity of private detective agencies.
Article 19 (1) (g) of the constitution of India provides the right to practice any profession or to carry on any occupation, trade, or business to all citizens, subject to Art 19 (6) which enumerates the nature of restriction that can be imposed by the state upon the above rights of a citizen. This means that till the government explicatively states that any work is illegal and by due process of law, refrains citizens from choosing any profession, the profession is perfectly legal. Rather the government encourages private detective agencies to work in the field of risk consultancy, forensic services, background checks, cyber security, forensic auditing, matrimonial checks, etc.
Moreover, private detective agencies in India are duly registered by the government of India. In the registration application to the registrar of companies, private detective agencies mention that their scope of work shall be private investigations. In the memorandum of articles and memorandum of understanding (MOA and MOU) also private investigations agencies mention their work and profession. Detective agencies also open bank accounts and take credits from clients in these accounts. Private investigations companies also are registered with the service tax department and pay taxes such as GST, TDS, and income tax to the government. The tax invoices also clearly state that the taxes are being given for the work of private investigations and consultancy. Understandably, the government does not collect taxes on illegal services, which are contrary to the law. In the past courts have appreciated the documents, photographs, videos, and investigation reports submitted by private detective agencies in India.
Private investigation companies in India widely advertise their services and so by no stretch of imagination, the services of private investigations in India can be called illegal. From the above discussions, it becomes amply clear that the services provided by private detective agencies are completely legal and within the ambit of law.
Do private detectives need a license to work in India?
Private detective agencies do not need any license to work in India. The trade of private detective does not have any regulations like some other trades. Suppose one needs to open a chemist shop, the person needs to get a license from a drug controller as the government laws stipulate. Likewise, if one needs to store explosives or chemicals, he will need a license from the concerned department. In the case of private investigations, there is no need to have any sort of license as the government does not require one to have it.
Can the government take action on private detective agencies? What if private detective agencies work illegally?
Of course yes. Private detective agencies are not above the law and can be punished by the government. In the past also there have been several instances where private detective agencies have landed in the police net, because of their illegal activities. Most of the time these illegal activities have been related to acquiring call detail records (CDRs) and Bank statements in an unauthorized manner. Many detective agencies take shortcuts in investigations. These detective agencies gain access to records by bribing police officials. Mumbai Police had busted such activities in the past. The crime branch of Delhi Police also exposed the nexus between private detectives and police. Several such disgruntled private detectives have been arrested in the past. So basically the private detective agencies are completely legal, but the means they resort to for investigations may not always be legal.
So make it a point to check the authenticity and genuineness of the private detective agency you hire. Research their reputation through online reviews and testimonials. Check whether the private detective agency is registered with the government of India. Also always pay the amount in their official bank account. Confirm their adherence to legal and ethical standards by discussing their approach to investigations and requesting a written contract outlining services and fees. Ensure they maintain confidentiality and ask for a non-disclosure agreement to be signed. Ask for references from past clients and inquire about their experiences. Lastly, trust your instincts and choose an agency with transparent communication and a track record of successful, lawful investigations. See the website and check from last how many years the detective agency has been working. It is an added advantage if the detective agency has some reputed Ex police, Army, CBI, or IB officials on its payroll.
DDS Detective Agency is one such detective agency, which is a reputed detective agency. On its advisory rolls are retired High Court registrars and ex-d judges. It works within the ambit of law and never crosses the boundary of law.
Which practices of private investigators in India are illegal?
In their zeal to solve the cases, private detectives often cross the thin line of difference between legal and illegal. These are the acts of private detective often committed by them, which are illegal:-
Impersonating a public servant: Private investigators sometimes impersonate a police officer or government officer to solve a case. This is contrary to law of land.
Hacking electronic device: Hacking an electronic device or mail is a violation of the IT Act in India.
Getting confidential data: Getting confidential data of a person like call detail records (CDRs), Bank statements, etc. is a crime.
Illegally planting bugs: Private detectives are not supposed to plant illegal bugs and devices to encroach upon a person’s privacy.
Therefore, a person should take due precautions and hire a detective agency that works within the ambit of the law. The detective agency should use only lawful, legal, and ethical means to get the desirable information.
