Can police interfere in civil matters?

If I complain in a civil case at the police station, will they register the case and take action?

You may have heard the terms criminal and civil law before, but you are less likely to know the difference between them.

Let us briefly know the criminal law.

if a person harasses, beats or speaks bad words to another person in his private life and creates danger to him and creates fear in his life and if you cause him a suffering that endangers his body or life then it will be registered as a criminal case and they will be punished for the crime based on the criminal laws.

Now let us briefly know about civil cases.

Civil cases deal with issues related to one’s rights. That is, the infringements of movable and immovable property affecting his business and money are filed in court as civil cases and judgments are given based on civil law.

Police handle criminal cases to prevent crimes that someone may have committed directly affecting others, where the government files a complaint against the defendant, but the government does not file civil cases.

Individuals and companies have legal issues and should register them as civil cases in court and get proper redressal. The basic rule of law is that the police will not interfere in civil cases.

Can the police enforce civil law or assist in civil matters?

Understanding when the police can intervene can resolve many confusions regarding civil and criminal issues.

CIVIL CASES VS. Criminal cases

Criminal prosecution is a violation of laws made by the government to protect the people.

Robbery, causing suffering to others, murdering others, endangering his life and body, such crimes have a negative impact on the society. And they violate our social commitment to follow the rules laid down by our government.

A civil suit is a personal matter. In a civil case, one person usually sues another. These cases tend to be plaintiff-defendant rights issues and thus crimes negatively affect only the plaintiff. A civil case is similar to a criminal case but here it involves emotional harm to the plaintiff. It does not cause any harm to the society.

In a criminal case the state is represented as the complainant, and the victim is a witness.

In civil cases, the complainant and the defendant will find out who is at fault only at the end of the trial.

In a criminal case, the complainant is the witness and the police officers who investigate the case are the complainant and the government conducts those cases for social welfare and gets punishments for the criminal. In a criminal case, at the outset, the identity of the guilty person is known, the evidence against him is presented in court and he is punished.

Can a civil case become a criminal case?

A civil case can become a criminal case. Generally, this situation occurs when the circumstances surrounding a civil action threaten the victim.

For example: If you send an eviction notice to a tenant and they get angry and they attack you, the police may be called to investigate an assault case.

Civil proceedings may involve multiple issues at once, but the police cannot help with any of them.

What are the circumstances leading to criminal prosecution?

When someone breaks the law they can be called to trial in any criminal case. Police take action when a person threatens to harm or engages in an act of forceful misconduct.

Examples of situations in which the police may provide assistance include:

Harassment: Any form of harassment in person or online may be grounds for a criminal complaint. The offender knows that their behavior will cause fear or distress. In this situation the police will take criminal action against him.

Disorderly Conduct: Disorderly conduct is also harmful, but it is also a crime that causes public nuisance rather than causing suffering to an individual. Police action will be taken by filing a criminal case against him for committing such a crime.

Fighting : These offenses also include fighting or repeatedly engaging in rude words or making offensive gestures.

Sexual Offenses: These offenses include sexually violating another person, such as rape or emotional abuse. The perpetrators of these offenses are subject to prison terms and fines.

Burglary: A person who enters a house or company, steals something from the building, commits such crimes as rape or murder, the police will take criminal action in this type of situation.

Sometimes circumstances blur the lines between criminal and civil law, so that the police may intervene in a civil case, but if it is known to be a civil case, the court must guide.

If criminal acts are committed in a civil case rather than in a civil case and the offender is found to have violated the law, the police can intervene and help in the case by conducting an investigation based on the complaint.

Can police interfere in civil matters?

Civil matters often start at home or between neighbors. These incidents do not rise to the level of criminal activity because the individuals exhibiting the troubling behavior are not breaking any laws.

Civil matters can cause serious problems and cause harm, but since no laws have been broken, the police cannot be called to deal with the situation.

Some examples of civil matters where the police do not have jurisdiction are:

Child custody issues: Divorcing or separating parents often have different views on their child custody arrangements. Fights over what is fair can be intense and emotional, but only become criminal matters if one parent breaks the law.

For example : if a parent takes a child without permission it becomes a criminal case.

Property Disputes: Neighbors often fight over property. Although these arguments may cause a great deal of irritation, they are not criminal as neither party is breaking the law.

For example : if one party decides to trespass on another’s property, the situation escalates and becomes a crime.

Arrears: If a person owes money to another person in arrears, he can seek a remedy by litigating the matter in court. This situation does not involve breaking laws. Courts can settle payments.

Eviction: Civil proceedings are the issuance of statutory eviction notices to evict tenants. The tenant should seek legal remedies to prove their rights in the civil court. Instead the police officers will take action against them if they engage in criminal activities like destroying property, assaulting the owner and using bad words.

Who can get help for civil problems?

What to do if the police can’t help In cases where the police can’t help, filing a civil suit is the only way to get justice.

The police cannot force anyone to agree to the terms of a written agreement.

Legally the best way to meet this case is the court which can provide a good solution for this as filing a police complaint cannot get a permanent result in a civil case.

By filing a lawsuit you can control your dispute and ensure that someone else decides the outcome.

A lawyer in this type of situation can help you file your case and guide you through the trial process to the right settlement. They can advise you on the strength of your case and what kind of outcome you can expect.

If there is a problem that cannot be handled by the police, getting a lawyer is the best way to resolve it. By asking for full information about your case, we can help advise you on your next move.

What is the Court’s position on police interfere in a civil case?

The police cannot intervene in any civil dispute related to property without an order from a competent court.

Police interference in civil affairs and threats and coercion of people is nothing but violation of fundamental rights of citizens.

Issues relating to property disputes fall within the purview of civil courts and the parties to the dispute have to approach their respective courts for redressal and are beyond the purview of police duties. It is a settled position of law that the police should not interfere in civil disputes.

Below are some of the judgments of the court that police should not interfere in civil matters.

CRL. OP. NO – 17302/2014, DT – 12.11.2014
A. Sikandar Vs Police Officers, Madurai
2015-1-MLJ-CRL-5

And

Sudhakaran V. State of Kerala
W.P (C)No. 4956 of 2015 Judgment : A. Sikandar Vs Police Officers