Answer By law4u team
In eviction cases, the role of the police is generally to ensure that the eviction process is carried out lawfully and without violence. The police do not have the authority to evict a tenant on behalf of the landlord unless there is a court order or a valid legal reason for doing so. However, they may become involved if the eviction becomes contentious or if there is forceful eviction or harassment involved.
Role of Police in Eviction Cases
Assisting in Legal Eviction Process
Police may assist landlords in carrying out an eviction only when a court order has been issued, or the eviction process is being carried out in accordance with the law. They cannot take independent action to evict a tenant without a legal order.
If the tenant has refused to vacate the premises after a court has ordered eviction, the police may help enforce the court's decision. This usually involves escorting the landlord and ensuring that the tenant vacates the property in an orderly manner.
Preventing Forceful Eviction
The police cannot allow or support illegal eviction or forceful eviction by the landlord. Forceful eviction, such as locking a tenant out of the property, disconnecting utilities, or using physical violence to remove a tenant, is unlawful in India.
If a tenant reports that a landlord is attempting to carry out a forceful or illegal eviction, the police can intervene to stop the unlawful action. This includes preventing the landlord from engaging in any activities that violate the tenant's rights, such as changing locks without notice or attempting to remove the tenant’s belongings.
Assisting in Handling Disputes
In cases where disputes arise during the eviction process, the police may be called to maintain order and ensure that there is no violence or disturbance. However, it is important to note that the police will not make decisions about the legality of the eviction or settle the dispute over whether the eviction is justified.
For example, if a landlord is attempting to evict a tenant without following the required legal procedure, the police can intervene to ensure that the situation does not escalate but cannot resolve the issue of the eviction's legality.
Responding to Harassment or Intimidation
If the eviction process involves harassment, intimidation, or threats by the landlord or their agents, the tenant can approach the police. Such actions may be classified as criminal offenses, and the police have the responsibility to investigate and take appropriate legal action against the landlord.
The police can intervene if a tenant is facing threats, forceful eviction tactics, or any other form of unlawful behavior by the landlord. This includes physical violence, threats of violence, or the illegal removal of the tenant's belongings.
When the Police Cannot Intervene
The police cannot intervene in a typical eviction case unless the eviction involves criminal activity or force. They cannot prevent a lawful eviction that follows the proper legal procedure. This means that if a landlord has a valid court order and follows all legal requirements for eviction, the police may assist in carrying out the order, but they cannot block or stop it.
Similarly, if a tenant refuses to vacate despite a valid eviction notice and court order, the police cannot assist the tenant in resisting eviction or staying in the property illegally.
Handling Illegal Eviction Practices
If a tenant is subjected to an illegal eviction, such as being locked out without notice, denied access to the property, or having their belongings removed without consent, they can immediately call the police. These actions may be considered criminal offenses, including criminal trespass, theft, or wrongful confinement.
In such cases, the police can register a First Information Report (FIR) against the landlord and take appropriate action based on the circumstances.
Example of Police Involvement in Eviction:
Example 1: A landlord has obtained a court order to evict a tenant due to non-payment of rent. The tenant refuses to vacate despite repeated notices. The police, with the court order, assist the landlord in executing the eviction and ensuring that the tenant vacates peacefully.
Example 2: A tenant in Delhi faces a situation where the landlord has locked them out of the property without any legal notice or court order. The tenant calls the police, who arrive at the scene, stop the landlord from carrying out the illegal eviction, and may file a case of wrongful confinement or criminal trespass against the landlord.
Conclusion
The police's role in eviction cases is primarily to assist with the lawful execution of eviction orders issued by the court and to prevent illegal or forceful eviction practices. They cannot independently evict a tenant or assist a landlord in evicting a tenant without a valid legal order. In cases where eviction involves harassment, intimidation, or violence, the police can intervene to protect the tenant and ensure the landlord is not violating the tenant’s rights. Tenants who face illegal eviction practices can approach the police to seek immediate protection and remedy through legal channels.
