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Nagaland Police Issues Directive on FIR Registrations for Civil Disputes

The Nagaland DGP's Office has implemented new guidelines restricting FIR registrations for civil disputes, emphasizing the need for clear evidence of fraudulent intent. This directive aims to prevent the misuse of criminal law in civil matters, urging individuals to seek resolution through civil courts or alternative dispute mechanisms. The police will continue to investigate genuine cases of fraud after a preliminary inquiry. This move follows Supreme Court directives aimed at clarifying the boundaries between civil and criminal law. Read on to understand the implications of this new policy.
 

New Guidelines for FIR Registrations

File image of Nagaland Police Headquarters in Kohima (Photo: Nagaland Police/meta)



Dimapur, June 14: The Director General of Police (DGP) in Nagaland has issued a directive to all police stations and district executive forces, instructing them not to file FIRs for disputes related to business debts, trade credits, outstanding loans, contractual violations, or other civil/commercial matters unless there is clear evidence of fraudulent intent from the outset of the transactions.


In a circular dated June 10, the state's police chief emphasized that station house officers (SHOs) and officers-in-charge are required to thoroughly examine each complaint concerning business debts, loans, or contractual issues.


If there is no apparent criminality in the complaint, the police are mandated to initiate a preliminary inquiry as per the BNSS to verify the facts and ascertain whether a cognizable offense exists.


The directive states: “If the complaint reveals only a civil dispute without prima facie evidence of dishonest intent at the start of the civil matter, no FIR shall be filed.” It also mentions that the complainant will be advised in writing to seek resolution through the appropriate civil court, and copies of the circular must be prominently displayed in all police stations for public awareness.


Any SHO or police officer who disregards these instructions by filing an FIR for a purely civil matter will face strict disciplinary measures, including major penalties.


This circular was issued following a series of Supreme Court judgments and directives aimed at preventing the misuse of criminal law for resolving civil and commercial disputes.


The police have encouraged the public to approach the appropriate civil court, consumer forum, or utilize alternative dispute resolution methods (such as arbitration or mediation) for the swift resolution of commercial and loan-related issues. Genuine cases involving fraud or criminal breach of trust with clear dishonest intent from the beginning will still be investigated following a preliminary inquiry.