There are many kinds of law in every legal system. Some comprise rules that govern the offenses and the violation of rights of others. Based on this, the law could be divided into two types: civil law and criminal law. These two categories are two major and distinct entities of law. That are used separate sets of rules that deal with criminal and civil wrongs, respectively.
Therefore, it is crucial to know the essence of the distinction, as they have fundamentally different motives as well as the procedure and terminology used by each law branch. While civil law deals with the set of rules that define civil rights and obligations as well as the remedies for them, criminal law is the legal system that defines rules that govern public rights and the responsibilities for violations.
This is why civil law is quite distinct from criminal law. In this chapter you’ll learn about the differences between both criminal and civil law. So keep reading!
Contents
What is criminal law?
Criminal law addresses the actions that are considered to be offences against the state or society. It regulates the relationships between people and society in general (as it is represented in the form of the state). If someone is found to be in violation of laws that are considered detrimental to society, for instance, by engaging in assault, theft, or negligent driving, it is treated as a criminal issue.
Even though the Indian Penal Code, or Bharatiya Nyaya Sanhita, does not define the term “crime,” but anything that is detrimental to the public welfare is regarded as a crime.
In a criminal proceeding the government (through the public prosecutor) initiates proceedings against the suspect for the benefit of the public. The purpose of criminal law is to make offenders accountable, penalize illegal behavior, prevent future offenses, and protect the society in general.
It is important to note that the state has control over the criminal proceedings, in contrast to the individual victim. Criminal law is public law, and the prosecution is the government (the state) against the defendant.
For example:
a criminal legal case filed in India is titled State v. [Defendant], where “state” (representing the government) is the name of the government. Since criminal acts are perceived as crimes against society, the issue “Is criminal law public or private?” is clarified by stating that criminal law can be described as a type of law that is public.
In a trial for criminals, the prosecution has to prove the accused guilt beyond a reasonable doubt, which is a highly rigorous standard of proof that is designed to avoid false convictions. If the defendant finds guilty, the accused are subject to punishments like the possibility of imprisonment and fines, probation or an arrest record.
These sanctions are designed to penalize the offender and safeguard the public. A conviction could have the long-term consequences. For instance, the conviction of a criminal record could hinder one’s chances of obtaining work or travel or even move to another country. However in the event of an element of doubt, the suspect is cleared (found “not guilty”) and is released.
There are some examples of criminal offenses given below:
Some examples of the matters that are handled by criminal law are:
- Violent crimes – e.g. sexual assault and the murder.
- Property crime such as arson, burglary, or property crimes. e.g. theft or burglary arson.
- Driving offences include e.g. impaired driving (DUI) or reckless driving, which are considered to be criminal crimes.
- Drug crimes Criminal offenses involving drugs e.g. possession or trafficking in controlled substances (prosecuted by laws such as that of the Controlled Drugs and Substances Act).
In all these cases the wrongdoing was thought to be harmful to society in general. Basically, a prosecutor from the government (public prosecutor) is the person who brings charges against the suspect or accused. For instance, someone is accused of an assault then it is the PP (public prosecutor) not the victim who filed the case in the criminal court. Any sanction (like probation or jail) is decided by the criminal court following the conviction.
What is civil law?
The term “civil law” is used as a general term that covers all lawful non-criminal matters usually involving the resolution of property or financial disagreements among private individuals.
In simple terms, civil law deals with the rights of individuals or interests (like contractual rights) which have been violated by a third party and that warrant filing a case. In a courtroom, the parties from both sides in the argument are referred to as “parties.”
The law of civil procedure is usually divided into four distinct areas, and they may intersect according to the circumstances:
- Contract Law enforces and interprets agreements between individuals either businesses or individuals that deal with the exchange of cash, services or goods.
- Property Law governs the various types of ownership for property that is real as well as personal (land) properties.
- Family Law involves questions relating to family relations including child custody paternity, divorce, adoption and emancipation.
- Tort Law covers the majority of civil suits, because it is the law protecting and compensating those who have suffered injuries through the negligence or carelessness of the wrongdoers.
Difference between Civil Law and Criminal Law will reveal the following:
|
Civil Law |
Criminal Law |
| It is a form of law that settles disputes between two parties or individuals. According to Civil Law the wrongdoer will have to pay compensation to the victimized person or organization. Civil Law deals with Property housing, money divorce, custody of children in divorce, etc. | Criminal Law deals with offences which are affluent to the society. It imposes varying levels of punishment in proportion to the crime. Criminal Law will deal with serious crimes like arson, murder, rapes and robbery as well as assault. |
| Civil Law is a legal action taken by the person or organization that has been harmed or is also known as a “plaintiff.’ | The government file the petition in the event that the law is criminal. |
| In the case in the realm of Civil Law, to start an action, the grieved person must start a case with either the Court or Tribunal | In accordance with Criminal Law, to start an investigation, a petition is not able to be filed directly with an instance in a court. Instead, the complaint must be made to the police and the offence must be examined through the Police. Then, a case is brought before the court. |
| The purpose for Civil Law is to protect the rights of a person or an organization, and to ensure that the individual or organization receives compensation for the injustices they’ve suffered. | The aim the purpose of Criminal Law is to punish those who commit crimes and to protect the public, ensure the law and order. |
| For Civil Law, the wrongdoer is in court by either the party who is harmed. | Under Criminal Law, the accused is prosecuted before a legal court. |
| In the context in the case of Civil Law, there is no sanction like Criminal Law, but the victim receives settlement and the case is solved. | In the context in the case of Criminal Law, punishment is determined by the seriousness of the crime offense committed, or a fine may be given. |
| In the context in the area of Civil Law, the power of the court is to make judgment or an injunction that compensates for any damages that have been incurred by the person who is inflicted with harm. | In the context under the law of Criminal Law, the powers of the court include imposing an amount of money, imprisonment for those who are guilty of committing any crime, or the disqualification for the accused. |
| When it comes to Civil Law cases, the defendant is judged to be either responsible or not. | According to Criminal Law parlance, the defendant is judged to be either innocent or innocent by the judge. |
These are the primary distinctions between civil law and criminal law in India. The distinctions mentioned in the table above can assist students in their preparation of exam as well as professional lawyers who are working.
Contributory Negligence
“Contributory negligence” is that negligence to which both the ‘plaintiff’ and the defendant contribute. The ‘plaintiff’ and defendant are both accountable for this negligence. However, it must be determined who is more accountable for the damage that is caused by this carelessness.
For instance, the plaintiff secured his feet on the front of his donkey by rope and then put it in the road to wander. The defendant injured his donkey driving recklessly. In the event, the defendant could have had the possibility of avoiding the crash. The accident would not have occurred if he had driven his vehicle carefully. Therefore, even though the plaintiff was somewhat careless, the defendant is accountable for the damage he caused to the plaintiff’s donkey.
At the end, there are some facts:
There are a few wrongful actions that fall in the category of Civil Law and Criminal Law both? For instance, wrongful actions such as assault, battery defamation, negligence, and nuisance are covered in both Civil as well as Criminal Law.
However, the scope of each one of these crimes could differ under each of these laws. In order to make someone liable in civil court, principles of torts must be followed and when imposing civil liability the laws that are governed by Criminal Law will apply.