SC flags absence of law regulating private detectives, urges Parliament, govt to act – The Tribune

Highlighting the absence of law regulating the investigations conducted by private detectives in India, the Supreme Court has urged the Government and Parliament to examine the issue to fill the legislative gap.

While dealing with a matrimonial dispute from Udaipur in Rajasthan in which a husband used private detectives to procure photographs and videos of his wife allegedly leading an adulterous life, a Bench of Justice Sanjay Karol and Justice Vipul M Pancholi on Friday expressed serious concern over the legislative gap’s impact on the right to privacy.

“What are the limits within which a private investigator may function? Who would be responsible for ensuring that the investigator operates within the confines of the law? What would be the redressal mechanism available to a person aggrieved by the actions of a private investigator?” the Bench asked.

Writing the verdict for the Bench, Justice Karol said, “There has to be a mechanism in place to deal with the evolving methods of evidence collection.”

“In light of the questions posed by us above, the need to develop our mechanism for dealing with these scenarios cannot be underscored enough. The legislature would obviously need to undertake its own examination of all relevant issues and frame rules/regulations in accordance with the prevalent norms and conditions,” Justice Karol wrote.

The Legislature could consider regulatory frameworks in jurisdictions such as Queensland in Australia, Ontario in Canada, the Netherlands and Singapore, the Bench suggested.

It directed that a copy of the verdict be sent to the Secretary of the Ministry of Law and Justice and the Law Commission Chairman to take an appropriate view in the matter.

Noting that there appeared to be no existing body to deal with such issues, the top court said there should be limits on what private investigators could do, regulation of the data and photographs they procure, and a mechanism to address grievances when investigators overstep professional boundaries and violate individual rights.

Referring to the Private Detective Agencies (Regulation) Bill, 2007 which aimed to regulate private detective which contained 36 sections and provided for the Constitution of a Central Board and State Boards, a list of requirements to be fulfilled for a license, cancellation, suspension of such licenses, maintenance of records, express bar on investigations falling squarely within the domain of statutory/regulatory authorities etc., the Bench said it did not become law.

“A perusal of the Statement of Objects and Reasons appended to the Bill reveals that the need to bring a bill in this regard arose from the perspective of business since there was an increasing reliance on private investigators to gather information. While that may be true, we believe that regulation and accountability are equally important in the sphere of private investigation,” the top court said.