Police Have No Jurisdiction To Adjudicate Civil Disputes Between Parties, Must Adhere To Statutory Limits: Andhra Pradesh High Court

"The duty to resolve civil disputes is entrusted to the judiciary. No such power is empowered to the Police. Interference in a pending civil dispute or a potential civil dispute between two citizens or two groups is not within the province of the police." Andhra Pradesh High Court, in a significant common order dated October 5, 2026, held that police authorities lack the jurisdictional power to interfere with, adjudicate upon, or settle civil disputes between private parties.

A bench of Justice Maheswara Rao Kuncheam observed that such interference is "per-se illegal, arbitrary and absolutely without jurisdiction," emphasizing that civil rights are the exclusive domain of the judiciary.

Limits of Police Power

The court was dealing with a batch of writ petitions where petitioners alleged that police personnel were interfering in pending civil disputes, including property conflicts and internal church administration matters. The petitioners contended that despite the matter being sub-judice before competent civil courts, local police were summoning parties to stations to force settlements, a practice they argued violated Articles 14 and 21 of the Constitution of India.

The primary question before the court was whether the police possess the jurisdictional authority to interfere with or determine the civil rights of parties, particularly when such disputes are already pending before competent civil courts or statutory forums. The court was also called upon to evaluate the legality of police action in the context of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Police Forbidden From Adjudication

The court reiterated that the police department's statutory mandate is restricted to maintaining law and order, preventing crime, and protecting public safety. It noted that judicial power is a sovereign function that cannot be assumed suo motu by executive authorities. When a civil court or statutory tribunal is already seized of a matter, the police are barred from overstepping into the adjudicatory realm.

Clarifying Scope of BNSS 2023

Regarding the power of executive magistrates to handle land disputes under Section 164 of the BNSS, 2023, the court observed that such powers are strictly preventive, intended only to avert breaches of peace. Once a competent civil court takes cognizance of the property dispute, executive magisterial and police powers to interfere in the underlying rights of the parties cease to exist.

"Judicial power is a facet of sovereign power and can be conferred only by a Statute or by a Statutory instrument. It cannot be assumed suo motu."

No Use Of Criminal Process For Civil Recovery

Citing the Supreme Court’s observations in Shailesh Kumar Singh v. State of Uttar Pradesh, the bench warned that the criminal process cannot be weaponized to recover monetary claims or resolve commercial disputes. Using the First Information Report (FIR) as a tool for recovery amounts to an abuse of the process of law. The court stressed that the police should not act as a private recovery agent for parties involved in civil litigations.

Mandatory Compliance With DGP Instructions

The court underscored the importance of the guidelines issued by the Director General of Police, Andhra Pradesh, on October 24, 2025, which explicitly prohibit police from taking sides in civil ownership or title disputes. Officers were reminded that any failure to act in accordance with these preventive guidelines, or any willful interference in civil matters leading to harassment, would be viewed with extreme seriousness by the court.

"The police must act as guardians of the constitutional principles, rather than as rulers exercising unchecked authority over citizens."

Disposing of the petitions, the High Court directed the respondent police not to interfere in civil disputes and to strictly adhere to the DGP’s 2025 circular. The court clarified that the police remain free to register and investigate cognizable offences if a criminal act is committed, provided they follow the due process of law. This ruling reinforces the separation of powers and protects citizens from extra-judicial coercion by law enforcement in civil matters.

Date of Decision: 05 October 2026