Difference Between Civil and Criminal Law

Difference Between Civil and Criminal Law

Difference between civil and criminal law has been discussed here in detail. Civil law governs a body of rules, regulations, procedures, and judicial precedents that help resolve disputes of a civil nature. Whereas, criminal law relates to crimes and punishments. Criminal law consists of crimes, including felonies and misdemeanors. 

What is Civil Law?

Civil law is one of the important pillars of our legal system. Civil law deals with conflicts between two or more parties. This civil law is also known as non-criminal law or private law. Civil law also helps people in their personal life affairs like ownership of property, property matters, marriage kuma insurance claims, custody of children, copyrights etc.

Civil law protects the rights of the parties and solves the conflicts between the parties in a timely and efficient manner, based on the principles of natural justice, fairness and the rule of law.

Read Also:

1. Civil Procedure Code, 1908 – Notes
2. Bharatiya Nagarik Sureksha Sanhita, 2023 – Notes

What is Criminal Law?

Criminal law relates to crime and its punishment and also criminal law is referred to as penal law. Criminal law is another pillar of the legal system that deals with criminal acts and also involves offences against society. In criminal law, the accused is given punishment if they commit any kind of crime that is against society or any evil nature of the crime that causes harm to society. 

Criminal law mainly focuses on punishment rather than dispute as compared to civil law in criminal cases the accused person pieces a set of procedural laws like a rest, charging and trial of criminal defendants. These procedures are designed to protect the rights of defendants and ensure that they will get a fair trial.

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Difference Between Civil and Criminal Law

Here we have discussed the difference between civil and criminal law;

Civil Law	Criminal Law
Civil law relates to injuries suffered by the individual and for which remedy provided in compensation in monetary form may be provided.	Criminal law relates to a crime that causes physical injury to a person which is an offense against society. The accused person committing an offence is charged with imprisonment.
In civil law, the wrongdoer’s liability arises against the person or organization only.	In criminal law, the wrongdoer’s liability arises against the whole society.
In civil law, the punishment is mostly given in monetary form.	In criminal law, the punishment of imprisonment and/or fine is given.
In civil law, the cases are tried under the Civil Court or equivalent tribunals.	In criminal law, the cases are tried under the Magistrate or Sessions Court.
Procedures in civil cases are followed by the Code of Civil Procedure, 1908.	Procedures in criminal cases are followed by the Bharatiya Nagarik Suraksha Sanhita, 2023 and/or Code of Criminal Procedure, 1973.
In civil law, the aggrieved party has the right to file the case against the wrongdoer.	In criminal law, the victim person or government has the right to file a case against the wrongdoer/accused.
The gravity of damage or loss is less than crime.	The gravity of crime is more than civil wrong.
In civil cases, plaintiffs vs defendants are involved	In criminal cases, prosecution vs accused are involved.
The civil cases are filed when there is an infringement of civil rights.	The criminal cases are filed when there is an infringement of public rights.
Normally, this cases are filed directly in the court.	In criminal cases, the case needs to be registered in police station before the court directly.
Example, trespass, negligence, invasion of right to privacy etc.	Example, murder, rape, kidnapping etc.

Frequently Asked Questions

Conclusion

Difference between civil and criminal law is related to the legal field. Civil and criminal both Lords are the backbone of our Indian judicial system. Civil laws deal with disputes and conflicts between two parties such as property, contract disputes personal injury cases etc. Criminal law deals with crimes and punishment given to the person who has committed any kind of crime according to Penal Laws. The burden of proof is less in civil cases as compared to criminal cases. This is the major difference between civil and criminal law.