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Transcript
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Thus we know that as a law abiding citizen any security guard who is on duty with his licensed weapon can use his weapon in exercise of his right to ‘private defense, even when his employer doesn’t order him to do so or even when scope of his employment or jurisdiction of duty does not provide so. In fact it is not only expected of him, but is also his duty as law-abiding citizen to use the licensed weapon while preventing attempt or commitment of crime. We also further need to study the scope of grant of arms’ licenses under Indian Arms Act, which in very clear terms is for the purpose of ‘private defense’. About armed security guards there is reference in PSAR Act 2005 in Section 2, Subsection (a) which says that –
“Armored car service” means the service provided by deployment of armed guards along with armored car…”
Further, Section2, Subsection (h) says that –
“Private security guard” means a person providing private security with or without arms to another person or property or both and includes a supervisor.”
Surprisingly there is no reference of armed security guards or the definition in PSAR Rules 2006. Thus we have to understand the scope of duties and validity of using licensed arms under Arms Act 1959 and also understand 'Right to Private Defense' as defined in Indian Penal Code (Section 96 onwards) especially on ‘use of force’. Under the Arms Act 1959, the arms licenses are issued but no specific purposes are enumerated for obtaining the licenses. It is only inferred that the arms under licenses are to be used in exercise of ‘Right to Private Defense’ (ROPD) or for ‘sports’ or special reasons such as cinematography. Hunting is not permitted anymore and thus only sport left is marksmanship. Good news is that Arms Act 1959 does provide in its Section 40 the protection of action taken in good faith. It says that, “No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.” At this point Arvind Mahajan, Sr. VP at Reliance Infra is in quandary and he says -
“Knowing fully well that the Armed Guard has the weapon for his personal protection -- Is it right to call him an Armed Guard? (I am not going into ROPD provisions - whether he fires or not, that's immaterial). But, Can I deploy him as an Armed Guard? How do I differentiate his duties from the unarmed Guard?
His predicament goes further,
“How does one justify that an Armed Guard needs to be paid extra? Aren’t we by default admitting that he is being deployed for providing Armed Protection, which as per Arms Act he is not supposed to provide? The individual got an Arms License, because he convinced the authorities of threat to his life, and NOT for performing an Armed Guard duty.”
There were times when organizations or the companies used to get Arms Licensees under retainer ship basis (Section 13 of Arms Rules 1962), under which the licenses were issued on the name of the company and the arms were to be used by notified persons of the organization or the companies. These licenses were found to be cumbersome to obtain and had inherent
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the world. Being able to index video footage and instantly link it to a license plate number is not just a convenience, but as seen from our previous example with the car full of suspects entering a city, can be essential to pro-active enforcement. The One-Two Punch for Municipalities: Advanced Video Surveillance and LPR Technology Most city departments, including police, fire, water, gas and electric, transportation etc. are more and more tied-in to one another. In the United States, as in many countries, the goal is not just interagency cooperation at the federal level, but the ability for cities to quickly marshal their defenses in the event of an emergency situation, and more importantly to use modern technology advances to try to be more pro-active in addressing public safety. On a more day-to-day level, with cities struggling for sources of revenue because of difficult economic times, it is important that such technology also benefit cities’ financial bottom lines as well. All this is possible now because of highly intelligent video surveillance and advanced LPR technology. Dispatch centers can instantly know through video cameras placed on highways and streets whether an ambulance should be sent to an accident scene. Law enforcement officers can observe criminal gang-related or illegal drug-selling activity in a neighborhood and do so un-detected by suspects. LPR technology can be used in both fixed applications for surveillance or traffic management or in mobile applications where LPR cameras are mounted on the vehicle to spot wanted criminals, scofflaw vehicles or vehicles without proper parking permits or parked overtime. In a day and age in which every dollar a city spends is scrutinized more closely, the ability to do more with less is a constant theme. The ability of video surveillance and LPR technologies to work in tandem so that, for example, a license plate is matched to previous video footage of a suspect’s car, reduces the amount of hours that might have been spent on such a task if this level of integration with new technologies did not exist.
For budget-conscious municipalities, the benefits of advanced video surveillance and LPR techniques have also been extended to mass transit. This includes controlling traffic through automated tolling, as well as monitoring traffic density, volume, and flow. Besides cutting down on gridlock, the cameras can also be used to check for speeding violations by calculating a vehicle’s time spent traveling between two points.
The Road Ahead As the populations of major cities of the world continue to grow, traffic issues typically get worse, not better. Along with such population growth, crime often increases, particularly in times of economic distress. At the same time, governments worldwide – at the federal, state and local levels – are facing even greater budgetary constraints than usual. With all this in mind, the need for automation and greater intelligence in reference to security technology should become even more paramount. Fortunately, the innovations that have taken place in city-wide video surveillance and LPR in recent years have not only increased the automation factor, but increased intelligence and functionality. These technologies have now become even greater crime fighting partners for law enforcement, as well as have helped to reduce total cost of ownership for cities. As the technology gets even smarter over time, such benefits can only be expected to increase.