The Supreme Court has expressed disapproval of the increasing trend of filing First Information Reports (FIRs) in civil disputes, emphasizing that the judiciary and police are not to be used as recovery agents. This statement was made by a bench of Justices Surya Kant and N.K. Singh, in response to a case where a simple financial disagreement was turned into a criminal case of fraud by the Uttar Pradesh Police. The court acknowledged the criticism faced by the police, who are often caught between adhering to Supreme Court orders and avoiding the misuse of their powers.
The court stressed the necessity of comprehending the nature of each case, distinguishing between civil and criminal matters. Justice Surya Kant highlighted the serious threat to the justice system posed by the misuse of criminal law. He mentioned the growing tendency of people to manipulate the court and the police to settle civil disputes by misrepresenting them as criminal cases.
The bench suggested that a nodal officer, such as a retired district judge, be appointed in each district. This officer would advise the police on the nature of the offense in an FIR when they are uncertain whether it’s a civil or criminal matter. The court has requested the Additional Solicitor General to consider this proposition and submit a report.
The court referenced its previous ruling from the previous year, which determined that attempting to resolve civil disputes through criminal prosecution is unacceptable. In the same vein, a bench led by the Chief Justice of India declared that converting civil cases into criminal cases is unacceptable. It also warned of imposing substantial penalties on the police for such actions in the future.
Civil and criminal cases have various differences. Civil cases relate to private rights and obligations, involving disputes over property, money, and contractual agreements. Criminal cases, however, concern offenses against society or the state, which lead to punishments for the offenders. These include crimes like theft, robbery, murder, and fraud.