LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

deep Sharma (Law Student)     15 February 2012

What is the difference between criminal law & civil law

Dear Peers,

what is the difference between criminal law & civil law. (Give explicit detail)

 

Regds....

DS



 4 Replies

N.K.Assumi (Advocate)     15 February 2012

 

The main distinction between the two laws are:- Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments.

According to William Geldart, Introduction to English Law 146 (D.C.M. Yardley ed., 9th ed. 1984). “The difference between civil law and criminal law turns on the difference between two different objects which law seeks to pursue - redress or punishment. The object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the wrongdoer; to give him and others a strong inducement not to commit same or similar crimes, to reform him if possible and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.”

Comparison chart

 

Civil Law

Criminal Law

 

Burden of proof:

"Preponderance of evidence" Burden of proof is initially on the plaintiff and then switches to the defendants.

"Beyond a reasonable doubt": Burden of proof is always on the state/government.

Definition:

Civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim.

Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.

Type of punishment:

A defendant in civil litigation is never incarcerated and never executed. Losing defendant in civil litigation only reimburses the plaintiff for losses caused by the defendant’s behavior. Either party (plaintiff or defendant) can be found at fault.

A guilty defendant is punished by either incarceration in a jail or fine paid to the government, or, in exceptional cases, the death penalty. Crimes are divided into two broad classes: Felonies and Misdemeanors. Defendant can be found guilty or not.

Case filed:

By private party.

By government.

Examples:

Landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes (real estate or material), etc.

Theft (by deception or unlawful taking), assault, robbery, wanton endangerment, trafficking in controlled substances, alcohol intoxication, etc.

Appeal:

Either party may appeal a decision in a civil suit.

Only the defendant may appeal a court ruling in a criminal case. The prosecution cannot appeal if the defendant is found not guilty.

 

adv. rajeev ( rajoo ) (practicing advocate)     15 February 2012

Criminal law means : A law which deals with the offences like theft, murder, rape, every criminal activities.

Civil Law : It is purely related to property dispute , family disputes

deep Sharma (Law Student)     15 February 2012

Dear Assumi sir & rajeev sir,

Thnkx a lot for this information.

Rajeev g, plz let me know if the family disputes comes under Civil Law, then GWA( guardianship), CRPC-125, Divorce, Domestic Violence,  498A or any other family dispute case comes under Civil Law?

So it is understood that all the family disputes except from theft, murder, rape, every criminal activities comes under Civil Law.

Regds...

DS

N.K.Assumi (Advocate)     15 February 2012

 

Dear Deep, proceedings under section 125 CrPc though falls under criminal area it is civil in nature, whereas under DVA the respondent in such case is also not an accused, until he commits a breach of an order passed by the Court under the provisions of the Act. It is only after such breach, the respondent is treated as an accused under S.31 of the Act. In other words, the proceeding under the Act is of the quasi civil nature so is the proceedings under the GWA, depending on the nature of the proceedings..


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register