What Do Security Guards Do?
For the most part, security guards serve as a disincentive. By keeping an eye out for unusual activity, reducing danger when it arises, and reporting incidents to the appropriate authorities, their mission is to prevent crimes from occurring. Protecting people, property, and other valuables is the primary function of security guards.
Legal Powers of Security Guards
Knowing the difference between the legal rights of police officers and that of security guards is crucial.
In contrast to government workers, security guards are only granted the rights commonly enjoyed by the general public. That limits their potential in comparison to others working in law enforcement.
They have limited powers to seize individuals unless certain conditions are satisfied, but they do have the right to safeguard the property their employers have paid them to look over.
Can A Security Guard Legally Arrest You?
Any physical act restraining a person is considered an “arrest.”. Nevertheless, the constraint has to be appropriate. However, can a security guard arrest someone?
There are certain conditions under which any individual or law enforcement official may restrict another person from making an arrest.
To put it simply, security forces in Bangladesh do not have the authority to detain you. Detention refers to the act of keeping an individual in custody without their consent or legal authorization.
As a gross infringement of human rights, it is illegal in Bangladesh. The only people who may lawfully detain someone in Bangladesh are authorized members of law enforcement, including police officers.
But can a security officer arrest you? Security personnel are able to initiate an arrest at the request of a civilian if they see criminal activity. It is called a citizen’s arrest when someone other than a police officer makes a lawful arrest.
When a security guard arrests a person, they must have a good reason to think that an offense has been actually committed. And they must do so as soon as the crime is committed. Additionally, the security guard has an obligation to notify the authorities and surrender the suspect to them without delay.
| According to the Code of Criminal Procedure, 1898 Act of V 59 (1)-Any private person may arrest a punishable perpetrator or stated offender and immediately turn him over to a police officer or take him to the nearest police station.A police officer is required to re-arrest the individual in question if probable cause suggests that he or she may be subject to any cognizable offense. |
What Rights Does A Person Who Is Being Held Have?
In case a security officer attempts to hold you against your will, you are within your right to resist. You have the right to use reasonable force to protect your freedom and yourself. Be mindful, nevertheless, that you can be subject to criminal penalties for excessive force.
You have the legal right to inquire about why a security guard is holding you or if they are following the law. You may also request an attorney and choose to stay quiet. Please provide the security guard with the requested information if they ask for your full name, address, or identity. However, beyond these minimal requirements, no other information is needed from you.
A Security Guard’s Legal Rights
In Bangladesh, security guards are granted the same rights as citizens. They have the privilege to work in an environment free from discrimination and harassment. Proper compensation, breaks, and working hours are due to them. Furthermore, they are free to refuse any commands they deem immoral or illegal.
Security guards are not authorized to resort to physical aggression or excessive force while on the clock. The use of force, if any, must be proportional to the gravity of the situation and justified. Apart from that, they can’t treat people differently because of their gender, color, religion, or anything else that makes them special. Treating individuals with decency and respect is essential.
Possible Risks and Effects of Being Arrested Without a Warrant by Security Guards
There are severe consequences for security officers who forcefully restrain someone. The security guard risks legal consequences, including criminal prosecution, if he or she retains an individual against their will. You might end up in prison, fined, or both if caught doing this.
If the arrested individual gets hurt for unlawful detention, the security officer might have to pay for the damages. The security guard’s employer has the right to discipline them, up to and including termination, if they choose.
If the victim of unjust imprisonment suffers injury due to their incarceration, they may also have legal rights to seek redress. Compensation for monetary loss, mental anguish, and physical harm could be part of this.
Security Guards Limitation
The limits on security guards’ power are laid out in the law. Still, it is possible that many individuals need to be made aware of these safeguards. Security guards are subject to specific regulations, and the public has a right to know what those regulations are and how to comply via public education campaigns.
These endeavors can include PSAs, educational booklets, and outreach programs. Helping the public learn about the limitations imposed by security guards could empower them to speak up for their rights. Keep them out of dangerous situations where they might be incarcerated against their will.
“Reasonable force” may be used to remove or confine an individual on private property. It is essential to consider the gravity of the offense and the danger to both the guard and bystanders before resorting to force.
Although guards are authorized to use reasonable force, they must use caution rather than haste. Unwarranted force, especially with weapons, may cause harm – both physically and in terms of legal processes. Guards and the firms they work for might face severe repercussions if they overstep their legal boundaries and hold, interrogate, or use force against individuals who do not pose a danger to themselves or others.
Individuals’ Rights of Security Guards
Regarding interactions with law enforcement, citizens of Bangladesh enjoy some protections. Every person, regardless of their socioeconomic status, deserves to be treated with decency and respect. Furthermore, they are entitled to unfettered mobility free from fear of arbitrary confinement.
Individuals are entitled to use reasonable force in response to a security guard’s illegal attempt to detain them. Furthermore, they are entitled to seek legal assistance and submit an allegation against their security officer for the way they behaved. The security guard can face legal consequences if it is found that they broke the law.
Summing Up
Individuals are entitled to raise objections to unlawful detention and, if necessary, consult with legal representation. Everyone, including those tasked with keeping the peace, must be well-versed in their rights and responsibilities under the law.
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