The Supreme Court has voiced its concerns over the increasing registration of First Information Reports (FIRs) in civil disputes. The court stated that the judiciary and the police are not recovery agents and that such disputes cannot be resolved by threatening arrests. This observation was made by a bench comprising Justices Surya Kant and N.K. Singh. The comment came in response to a case where a purely financial disagreement between two parties was transformed into a criminal case of fraud by the Uttar Pradesh Police. Additional Solicitor General K.M. Nataraj noted that the police often face criticism from both sides.
The court emphasized that it is crucial for the police to understand the nature of a case, distinguishing between civil and criminal matters. Justice Surya Kant highlighted that the misuse of criminal law poses a serious threat to the justice system, with individuals attempting to leverage the court and police as recovery agents by framing civil disputes as criminal cases.
The bench suggested that each district should have a nodal officer, such as a retired district judge. The officer could offer guidance to the police regarding the nature of registered offenses. The court has asked the Additional Solicitor General to consider this proposal and submit a report. The court also referenced its previous ruling from April of the previous year, which stated that any attempt to resolve civil disputes through the pressure of criminal prosecution is reprehensible. Earlier this year, a bench led by the Chief Justice of India stated that converting civil cases into criminal cases is unacceptable and that the court would not hesitate to impose heavy fines on the police in the future if such cases arise.
Civil and criminal cases differ in several aspects. Civil cases involve the private rights and obligations of individuals or entities, dealing with disputes related to rights, money, and property. Criminal cases, on the other hand, concern offenses against society or the state, leading to punishments for the offenders.