Reported by Bhadra Gogoi
Dimapur: The Nagaland Police has issued fresh instructions directing all police stations and District Executive Forces (DEFs) across the state not to register First Information Reports (FIRs) in cases arising solely from business transactions, loan recoveries, contractual disagreements or other civil disputes unless there is clear evidence of criminal intent from the outset.
The directive was issued through a circular dated June 10 by Director General of Police (DGP) Rupin Sharma, who emphasised the need to prevent the misuse of criminal proceedings in matters that are essentially civil in nature.
Under the new guidelines, Station House Officers (SHOs) and officers-in-charge have been instructed to personally examine complaints involving trade credits, pending payments, loan disputes and contractual obligations before initiating criminal proceedings.
The circular states that where criminality is not immediately evident, police must first conduct a Preliminary Enquiry (PE) in accordance with the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The enquiry will help determine whether the complaint discloses a cognisable offence warranting registration of an FIR.
According to the order, no FIR should be registered if the complaint pertains only to a civil dispute and lacks prima facie evidence of fraudulent or dishonest intention at the beginning of the transaction.
In such cases, complainants will be advised in writing to seek legal remedies through the appropriate civil court. The police department has also directed that copies of the circular be prominently displayed at all police stations to inform the public about the revised procedure.
The DGP warned that officers who disregard the instructions and register criminal cases in matters deemed purely civil could face stringent disciplinary action, including major penalty proceedings.
The circular follows a series of judgments and observations by the Supreme Court, which has repeatedly cautioned against the use of criminal law as a tool to settle commercial or contractual disputes.
Nagaland Police has urged citizens to pursue remedies through civil courts, consumer forums, arbitration or mediation mechanisms for disputes related to loans, business dealings and contractual issues.
At the same time, the department clarified that complaints involving genuine allegations of cheating, criminal breach of trust or other offences demonstrating clear dishonest intent from the inception of the transaction will continue to be investigated after a preliminary enquiry establishes the existence of a cognisable offence.