Your Vinay Shukla

Civil Dispute or Criminal Case? Understanding Police Boundaries and Your Rights in India

In India, the line between civil disputes and criminal offenses is meant to be clear. Civil matters, like property disagreements or contract breaches, are for civil courts to resolve. Criminal offenses, which harm society, are investigated by the police. But what happens when this line gets blurred, and police start intervening in purely civil matters?

This issue, especially concerning property disputes, has repeatedly drawn sharp criticism from the Supreme Court of India, with a particular focus on instances in Uttar Pradesh. The Court has noted a worrying trend where police overstep their boundaries, often converting civil disagreements into criminal cases, undermining the rule of law and harassing citizens.

The Fundamental Divide: Civil vs. Criminal

Civil Law (Code of Civil Procedure - CPC): Deals with disputes between individuals or entities over rights, property, contracts, etc. The aim is to provide a remedy to the aggrieved party (e.g., compensation, injunction). Police have no suo motu role here.

Criminal Law (Bharatiya Nagarik Suraksha Sanhita - BNSS, formerly CrPC): Deals with offenses against the state/society. Police are the primary agency to investigate, and the aim is to punish offenders. Police can act if a "cognizable offense" (a serious crime where police can arrest without a warrant) is reported.

The misuse often happens when a civil wrong is deliberately portrayed as a cognizable criminal offense to involve and pressure through police channels.

When Can Police Lawfully Intervene in Civil-Related Situations?

While police must stay out of adjudicating civil disputes, their intervention is permissible under specific, limited circumstances:

1. Executing Civil Court Orders

   If a civil court explicitly directs the police to assist its officers (like bailiffs) in executing an order (e.g., implementing an injunction, delivering possession of property) because obstruction or a breach of peace is anticipated. The police here only aid the court officer, not interpret the order themselves.

2. Maintaining Public Order

   If a civil dispute genuinely escalates to a point where it threatens public tranquility (e.g., riots over land, unlawful assemblies). The police action is to prevent violence and restore order, not to settle the underlying civil claim.

3. Genuine Cognizable Offense Emerges

   If actions within a civil dispute independently constitute a serious crime (e.g., forgery of court documents, assault over a boundary line, criminal threats). The challenge for police is to discern a true crime from a civil issue being criminalized.

The Spotlight on Uttar Pradesh

The Supreme Court has been particularly vocal about the situation in Uttar Pradesh. It has:

• Observed what it termed a "complete breakdown of rule of law" in some instances.
• Warned that it has become a "routine practice" in UP to give civil suits a criminal color.
• Imposed costs on police officers for such overreach and quashed improperly filed FIRs.
• Highlighted that even the UP Government issued a Government Order (G.O.) back on September 16, 2015, directing police and administrative authorities not to interfere in private property disputes pending before a court. The persistence of the issue, despite this G.O. and judicial pronouncements, is concerning.

New Criminal Laws (BNS/BNSS) and Potential Impacts

The new Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), effective from July 2024, bring changes to police powers. While some provisions, like mandatory preliminary inquiries for certain offenses before FIR registration, could act as a filter against frivolous criminalization, other provisions granting expanded police powers (like those related to custody) or introducing vaguely defined offenses could be misused if not applied with utmost caution and robust oversight.

Know Your Rights: What Can You Do?

If you believe you are facing unlawful police interference in a pending civil suit, you have legal remedies:

1. Contempt of Court

   If police actions violate a specific court order (like an injunction), a contempt petition can be filed in the same court or the High Court.

2. Writ Petition to the High Court (Article 226)

   For illegal police harassment, wrongful detention, or a baseless FIR based on a civil dispute, you can approach the High Court (e.g., Allahabad High Court, Lucknow Bench). The High Court can quash the FIR, stay arrests, and even award compensation.

3. Complaints to Higher Police Authorities/Police Complaints Authority (PCA)

   You can file formal complaints with senior police officials (SP, IG, DGP) or through government grievance portals. The effectiveness of PCAs, where established, varies.

4. Departmental Action

   Errant officers can face internal disciplinary proceedings under police conduct rules.

Conclusion

The boundary between civil and criminal law is crucial for a just society. Police interference in civil disputes, especially to harass or favor one party, is a serious abuse of power. Being aware of your rights, the limits of police authority, and the available legal remedies is the first step towards ensuring that civil matters are resolved in civil courts, not through coercive police tactics.

Labels/Tags: Civil Law Criminal Law Police Powers Legal Rights Property Disputes Indian Judiciary Uttar Pradesh Know Your Rights BNSS BNS Supreme Court India