The Supreme Court has recently addressed the issue of escalating FIR filings in civil disputes, stating that the court and police are not to be used as recovery agents. The court’s remarks came in response to the increasing trend of converting civil disputes into criminal cases. A bench, composed of Justices Surya Kant and N.K. Singh, made this observation. This statement arose from a case where a financial disagreement was wrongly converted into a criminal case of fraud by the Uttar Pradesh Police.
The court recognized the challenges faced by the police, who are often criticized for either acting too slowly or acting without due consideration. The bench underscored the importance of understanding the nature of each case, whether it is civil or criminal, and clarified that the registration of an FIR does not automatically warrant an arrest. Justice Surya Kant emphasized that the misuse of criminal law poses a severe threat to the justice system. He noted the growing tendency of individuals to manipulate the court and the police, using them as tools for resolving civil disputes by falsely presenting them as criminal matters.
The bench proposed appointing a nodal officer, such as a retired district judge, in each district. This officer would provide counsel to the police in cases where they are unsure of the nature of the offense registered in an FIR. The court also cited its previous ruling from April of the previous year, which deemed any attempt to resolve civil disputes through criminal prosecution as reprehensible. In the same vein, a bench led by the Chief Justice of India stated that converting civil cases into criminal cases is unacceptable and warned of potential heavy fines on the police in such instances.
Civil and criminal cases have fundamental differences. Civil cases pertain to private rights and obligations, dealing with disputes related to property, money, and contractual agreements. In these cases, compensation or the return of property is ordered. Conversely, criminal cases involve offenses against society, leading to punishment for offenders. These include theft, robbery, murder, fraud, and drug trafficking, among other crimes.