Does security at the mall have right to search before leaving shop?
Vishalssss
(Querist) 10 September 2014
This query is : Resolved
Dear Experts,
Please give your advice regarding below situation.
My nephew(16 years) and I went to one of Retail shop(MORE) in Pune yesterday. After doing billing, at exit gate, security misbehaved with him and said he has stolen something and carried out thorough search of his every pocket. nothing was found.
It is OK to check bill and items in the bag.
Does security at the mall have right to humiliate and search pockets of customer before leaving shop?
Does IPC 339 will be applicable in this case?
Can I file a FIR in this case?
Thanks in advance.
Dr J C Vashista
(Expert) 10 September 2014
Discuss the matter and lodge your written complaint before management of the mall
V R SHROFF
(Expert) 10 September 2014
sO WHAT IS THE ALTERNATE FOR mall to safeguard against THEFT???
ONLY IN RARE CASES [ SAY ONE IN 1000]
if they suspect, security can check it...
As you were within the private PREMISES OWNED BY MALL; YOU CAN COMPLAINT TO MALL OWNER/ MGM
ajay sethi
(Expert) 10 September 2014
no FIR can be filed . security personnel have right to search if they apprehend theft has been committed
Rajendra K Goyal
(Expert) 10 September 2014
You can have the strategy / option:
a) Lodge complaint to Mall Management.
b) Lodge complaint to the top management of the owner of the chain (MORE)
c) Complete boycott of the store and the mall for present and for future by you and your nears and dears.
d) search the irregularities in sanction / conduct / statutory requirements of the mall and the chain and lodge complaint to concerned department.
malipeddi jaggarao
(Expert) 10 September 2014
What are the reasons for suspicion about theft by your son? Though there is no theft, there may be some reason driving the security to make a thorough check.
Why do you burden the police with this type of matters? There might be floor manager or incharge of the mall. You can even complain to the head of the security/company who provided the security about the misbehaviour.
Some times, it so happens that even there is no wrong, we will be subjected to humiliation. We need not take the things to the heart. It will be also a lesson for us.
Even a District Collector or Judge of Supreme Court enters into such places, as the positions are manned by human beings, they think big for themselves and the dignitaries might have to face the same humiliation. That is the deficiency in Service Sector in India. Facilities will be provided, but no proper training to the employees. Actually we have not reached to such stages, we are forced to by these MNCs who provide service without efficiency and garner the profits.
Advocate. Arunagiri
(Expert) 10 September 2014
The security is having all such rights to search. In big hotels and big malls they check you while you enter. That is not an insult, they are doing their duty. You have to cooperate.
T. Kalaiselvan, Advocate
(Expert) 15 September 2014
Well advised by experts. The security personnel are carrying out the duties as instructed to them, you cannot consider it as humiliation until you find some specific reason or they indulge in misbehaving activity. For your grievances, you could have contacted the Manager on the spot, why are making an after thought action against them.
