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H.R. Investigation / General  / Is it Hiring a Private Detective Legal
Is it Hiring a Private Detective Legal

Is it Hiring a Private Detective Legal

Private Detective investigation Agencies in Delhi conduct private investigations and inquiries in cases like insurance matters, divorce matters, criminal cases for the specific individual or group. Presently, the Private Detective Agencies in Delhi are not required to be registered or to have a license in order to operate in Delhi as there is no such law in order to regulate the activities of Private detective agencies in Delhi and the private detectors hired by such private detective agencies. Thus, a bill to offer a system of licensing for such private detective Agencies and to regulate their conduct has been introduced as Private Detective Agencies in Delhi (Regulation) Bill, 2007. This article discusses some frequently asked questions like whether Private Detective Agencies in Delhi (PDA) is Legal in Delhi, (Private Detective Legal in Delhi) whether there is any limitation on their powers? Whether they can be held liable for the violation of the privacy of any person?

Are Private Investigating Agencies legal in Delhi?

In Delhi, the Private Investigation agencies are Legal but there is no law to regulate the conduct of such private investigation agencies. The Government hardly has any control over these investigation agencies in Delhi. They are free to operate in Delhi without any restrictions because of the absence of any law to regulate them.

The Private Detective investigation agency Regulation Bill, 2007 is still pending in the Parliament. The proposed bill seeks to bring the Private detective investigation Agencies in Delhi within the scope of Legal ambit in order to prevent the investigation Agencies to get involved in illegal activities like terrorism, Naxalism, etc. that’s why Private Detective Legal in Delhi.

May I hire a Private Detective Investigating Agency in Delhi any Matter

Nowadays, the Private Detective investigation Agencies in Delhi or its Private Detective Legal in Delhi and there is no Law to regulate their Conduct. Therefore, any person can hire a Private Detective for investigating agencies in any matter. But before hiring any Private Detective one should take the following things into consideration below.

Make sure that Private Detective Agency in Delhi is Licensed & Insured

Ask to know about the Educational qualifications, training, experience of Private Detective investigator 

Ask to know the Character of a Private Detective investigator. Before revealing any personal information to him make sure that he will maintain the confidentiality to your information

Make sure that the Private Detective has not been involved by the court in any case to investigate the matter

Before giving any money to a private detective the person should enter into a written contract which is to be signed by both parties.

Fee Structure of Private Detective Agencies in Delhi

Fee Structure of Private Detective investigation Agencies in Delhi depends upon the following Factors below

Location of Investigation, Type of Service,  Time Frame

Taking these Factors into Consideration the Average fee charged by these Agencies in Delhi.

Private Detective Agencies in Delhi Bill, 2007

Private Detective investigation Agency Regulation  Bill, 2007 is proposed to be introduced to regulate the conduct of such private investigation Agencies in Delhi. Some of the key points that are proposed in this Bill are like Licensing – The Bill 2007 seeks to present the system of Licensing for all Private Detective Agencies that have been operating in Delhi. It would be mandatory for such investigation agencies to take the License from the Regulation Board which is established at the Central or State levels.

 

Educational Qualification for Private Investigation Detectives – The Bill has proposed for the educational qualifications of Private Detectives hired by such Private Detective Agencies in Delhi. The Qualification of Private Detectives are-

  • Must be a Citizen of India;
  • Must have attained at least 21 years of age;
  • Some Specified requirements regardings
  • Physical Fitness, Training, Experience

 

Registration by Agency– The Bill offers for maintenance of a register by The Private Detective investigation Agencies which will contain the following particulars below

  • Address of-
  • Private Detectives should be hired by the Agency;
  • Should be their Staff Members
  • Their Clients
  • Salary payable to the Detectives employee and their Staff
  • cases which are under the agency by them for their clients.

 

What Punishment will be for Private Detectives – As per the bill punishment for the Private Detective, hired by Private Detective Agency. Where any Private detective violates any person’s Right to Privacy and personal freedom effecting, then he will be held liable and punishable with-Imprisonment, Fine.

obstructed, from Investigating the Matters related to agency State Affairs: The proposed bill 2007 limits the scope of Activity of Private detective Agencies in Delhi to the non-government sector, As they cannot investigate the matters connecting to State Affairs or interfere with the Matters dealt by RAW, CBI that comes within the ambit of State Agencies in Delhi.

 

How to File a Complaint Against Private Detective Agencies in Delhi Case of Fraud or Cheating

If a person has hired a private detective for an investigation in Delhi into the Matter and during the investigation of his business if he cheats of fraud that person, then the person can approach the police to file a complaint against such agency of agent under section 420 of IPC.

Definition of Fraud or Cheating

IPC Section 415 for cheating – Any person Fraudulently or Dishonestly

Induces any person to deliver any property, Induces any person to Retain the property, Induces any person to do or omit anything which he would not have done if he was not so deceived

Then the person is Liable for Fraud or Cheating. Therefore if the Private Detective investigation commits any of the following acts, the complaint can be filed under section 420 of IPC.

What Type of Evidence Can Be Arranged by Private Detectives

The legal Private Detective plays an important role in solving the cases. The Evidence found or cheating by legal Private Detective investigation help both the judges in discussing the case and the lawyers in strengthening their client’s case with the help behalf of that evidence, as highly technical equipment or devices are used by them to collect such evidence. 

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