In a strong rebuke aimed at the misuse of criminal law for resolving what are essentially civil disputes, the Supreme Court of India recently expressed deep concern over the increasing tendency of law enforcement agencies to arbitrarily convert civil matters into criminal cases. This growing issue not only violates the principle of fair justice but also leads to misuse of legal processes to harass individuals.

The Basic Difference Between Civil and Criminal Law

Civil law is primarily concerned with disputes between private parties. It is remedial in nature and typically results in compensation to the aggrieved party. On the other hand, criminal law is punitive, meant to punish offenders and deter similar conduct in society. It is invoked by the state and deals with offences against the society at large.

The fundamental demarcation between the two exists to ensure the right legal process is followed for each kind of dispute. However, when civil cases are wrongfully converted into criminal complaints, this separation is blurred, leading to a distortion of justice.

SC Expresses Concern Over UP Police Practices

The recent observation came while the Supreme Court was hearing a petition to quash an FIR filed in Uttar Pradesh, where the petitioner was accused of criminal breach of trust, criminal intimidation, and criminal conspiracy — all under the umbrella of a cheque dishonour case, which is essentially civil in nature.

The apex court strongly criticised this, calling it a “complete breakdown of the Rule of Law.” It questioned why law enforcement was attempting to criminalise a matter that should have been dealt with under civil remedies, suggesting a clear abuse of power.

Historical Perspective: Not a New Problem

This isn’t the first time the apex court raised such concerns. In 2000, in the case of G. Sagar Suri and Another vs State of UP, the court had warned against converting civil matters into criminal proceedings, stating:

"It is to be seen if a matter, which is essentially of civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a shortcut of other remedies available in law."

This case laid the foundation for how Section 482 of the Code of Criminal Procedure (CrPC) should be used — to prevent abuse of the legal system and ensure justice is upheld.

The Importance of Clear Chargesheets

In May 2024, a bench led by Justices Sanjiv Khanna and SVN Bhatti reiterated this view in Sharif Ahmed and Others vs State of Uttar Pradesh. They urged that all chargesheets filed by the police must include clear and specific information. Vague or misleading chargesheets often form the basis for misuse of criminal law, leading to harassment and injustice.

Repetition of Concern in 2024

Again, in December 2024, the Supreme Court was compelled to raise concerns in another case where a dispute over a property sale deed was turned into a criminal prosecution. The Court stated this was a “wrong and rampant practice” that seemed to be growing in several Indian states, with investigating agencies using criminal law as a tool for intimidation rather than justice.

High Courts Have Also Flagged This Issue

In 2016, the Punjab and Haryana High Court, in Ajit Singh vs State of Punjab, made similar observations. The High Court noted that there appeared to be a deliberate attempt to convert a civil issue into a criminal case and that it would have been appropriate to quash the proceedings using Section 482 CrPC.

Commercial Disputes Also Affected

The issue isn’t confined to individual or family disputes. In a landmark 2006 case, Indian Oil Corporation vs NEPC India Ltd., the Supreme Court condemned the growing tendency in the business world to turn contractual and financial disagreements into criminal allegations. The court observed that this was often done to pressure the other party into a settlement, believing that a criminal case would be resolved faster than a civil one.

The court remarked:

“Any effort to settle civil disputes and claims, which do not involve any criminal offence, by applying pressure through criminal prosecution should be deprecated and discouraged.”

Accountability for Misuse

The 2006 judgment also called for accountability of the complainant who knowingly files a criminal complaint in a matter where only civil remedy is applicable. The court suggested that such individuals must be penalised under Section 250 of the CrPC, which allows courts to award compensation to accused persons when criminal complaints are found to be frivolous or malicious.

Why Do People Misuse Criminal Provisions?

There are several reasons for this disturbing trend:

• Civil proceedings take longer to resolve and lack immediate enforcement power.

• There is a belief that criminal prosecution results in quicker outcomes.

• Threat of arrest or jail time forces the other party to agree to a settlement.

• In business and family matters, parties sometimes use criminal law to gain negotiation advantage.

But all of these reasons are based on the misuse of the legal system, and the Supreme Court has repeatedly clarified that such misuse should not be tolerated.

SC’s Clarion Call for Legal Reform

The Supreme Court has long stressed that criminal law must be used cautiously and not as a tool for settling scores or for harassment under the garb of legality. The message from the Court is clear:

• Investigating agencies must act responsibly.

• Lawyers must avoid filing criminal cases when civil remedies exist.

• Courts must not allow their process to be misused.

• The accused must be protected from unlawful persecution.

Law Must Serve Justice, Not Intimidation

The purpose of the law, whether civil or criminal, is not to punish for the sake of punishment, but to ensure justice. Misusing criminal law for private gain undermines the credibility of the judicial system.

The judiciary must ensure that criminal courts are not misused to settle civil scores, and agencies must be held accountable for irresponsible actions. Arbitrarily filing criminal complaints in civil cases not only wastes the court’s time but also traumatises the innocent.

Conclusion: A Wake-Up Call

Over the past three decades, the Supreme Court and High Courts have warned against this practice. Despite clear directives, investigating agencies continue to abuse criminal law provisions in civil matters — not for justice, but for coercion and convenience.

It’s time to enforce legal safeguards more strictly, penalise malicious complainants, and ensure the legal system is not weaponised against innocent individuals. Justice must remain the guiding principle, not retribution or intimidation.

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