Difference Between Civil and Criminal Law
There are two primary laws in the Indian legal system: civil law and criminal law. They have very different purposes, and it's important to know the distinctions, whether you're involved in a private dispute or accused of a crime. This article will provide the differences between civil and criminal law in India, outlining the legal procedures, participants, onus of proof, etc.
What is civil law?
Civil law is the area for disputes among individuals and/or organizations. Disputes can be referred to as "civil" because the damages discussed and/or awarded are typically financial. Types of cases reviewed under civil law are property disputes, divorce proceedings (with the same questions of child custody), breach of contracts, and personal injury cases. Civil law deals with establishing rights and resolving disputes in a way that benefits affected parties.
Examples of Civil Law Cases:
- A tenant that will not pay rent
- Breach of contract in a business engaging a client
- Disputing the boundaries of properties
- Divorces and never approved alimony
Normally, in these cases, the "plaintiff"—the "affected party—brings a complaint (lawsuit) against the person or entity being accused (defendant) and goes to a civil law court to receive compensation or resolution to a question of right for anything wrong.
What is criminal law?
Criminal law refers to acts committed by people that society or the government regards as threats to its existence itself: murder, theft, assault, trafficking, fraud, and other serious crimes, for example. Criminal law is primarily concerned with punishing offenders who have been convicted for those acts; a secondary purpose is to maintain the peace.
Examples of Criminal Offenses:
- Murder or homicide
- Assault and violence
- Robbery or theft
- Cybercrime and fraud
For matters that arise out of criminal offenses, the case is initiated by the state against the defendant, the intention being to try and prove the guilt of the defendant beyond a reasonable doubt so the court can impose a punishment—this may be a jail sentence or custodial fine, among other options.
Differences between civil and criminal law
There are a couple of different differences between civil and criminal law in India, which I will set out below for your reference:
1. Purpose
- Civil is to provide resolution for private disputes and compensation for the victim.
- Criminal law is to impose punishment on offenders and serve the public interest.
2. People
- Civil: Plaintiff versus Defendant (two private citizens or entities).
- Criminal: State versus the accused (the State versus an individual).
3. Burden of Proof
- Civil: is on the plaintiff (onus of proof is balance of probabilities).
- Criminal: is on the prosecution (beyond reasonable doubt).
4. Outcomes
- Civil: Monetary compensation, injunctions, specific performance.
- Criminal: Jail, fine, probation, community service.
5. Court Procedures
- Civil: less formal; usually a judge makes a decision.
- Criminal: more formal, may be a judge or jury decision.
Comparison of Legal Procedures
Civil Court Procedures:
- The plaintiff files a statement of claim.
- The defendant submits a written statement.
- A court can order mediation or arbitration.
- If there is no mediation, there is a trial, and both parties present their evidence.
- The court makes its final judgment. Compensation or an injunction is often ordered.
Criminal Court Procedure:
- Inquiry by the police, then the FIR (First Information Report) is submitted.
- The accused may be arrested and then brought before a magistrate.
- The court will conduct preliminary hearings: mention and committal.
- There is a trial where the onus is on the prosecution to prove that the accused is guilty.
- If found guilty, there are court directives on sentencing.
Can a Case Be Both Civil and Criminal?
There are some circumstances where a case can have both civil and criminal dimensions. For example:
- Assault: The victim can bring a criminal case seeking punishment and a civil case seeking compensation.
- Theft: Not only can there be criminal charges, but the person whose property was stolen can also commence a lawsuit for the recovery of the stolen property.
Example Comparison
| Aspect | Civil Law | Criminal Law |
| Main Objective | Compensation or right enforcement | Punishment for wrongdoing |
| Filed By | Individual or business (Plaintiff) | State/Government (Prosecution) |
| Burden of Proof | Balance of probabilities | Beyond reasonable doubt |
| Outcome | Damages, injunctions | Fines, imprisonment, or both |
| Examples | Property dispute, divorce | Murder, theft, assault |
Why Does Understanding the Difference Matter?
- Knowing whether your case is civil or criminal is important because
- You will know to reach out to the appropriate type of lawyer (whether a civil or criminal lawyer).
- You can be prepared in terms of the procedures and types of evidence required.
- It will help you determine the outcome you can expect, whether compensation or punishment.
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