What challenges arise when distinguishing between civil disputes and criminal cases during police investigations and court proceedings?

Distinguishing between civil disputes and criminal cases is a critical aspect of police investigations and court proceedings. The Supreme Court has highlighted the need for careful scrutiny to prevent the misuse of criminal law in matters that are essentially civil. Several challenges arise in making this distinction, which can have serious implications for the justice system.

• Overlapping Facts: Many disputes, such as those involving contracts or property, may have elements that appear both civil and criminal (e.g., breach of contract vs. cheating or fraud).
• Intent and Mens Rea: Criminal cases require proof of criminal intent (mens rea), while civil cases often deal with rights, obligations, or compensation. Proving intent can be complex and subjective.
• Pressure and Harassment: Parties sometimes file criminal complaints to pressurize the other side in a civil dispute, using police investigation as a tool of harassment.
• Lack of Legal Awareness: Police officers and even complainants may lack a clear understanding of legal distinctions, leading to misclassification during FIR registration or investigation.
• Judicial Backlog: Courts, already burdened with cases, may inadvertently admit criminal cases that are civil in nature, further delaying genuine matters.
• Procedural Differences: Criminal cases involve arrest, investigation, and prosecution by the state, whereas civil cases are largely between private parties. Confusion over procedure can result in miscarriage of justice.
• Evidence Requirements: Standards of proof differ—‘beyond reasonable doubt’ in criminal cases versus ‘preponderance of probabilities’ in civil cases. This affects how cases are investigated and adjudicated.