Criminal Law VS Civil

Law

What is Criminal Law?

What is Civil Law?

Criminal law and civil law are two broad and separate entities
of law with separate sets of laws and punishments.

In the case of crimes, the main object of the law is to punish

the wrongdoer.

On the other hand, The object of civil law is the redress of

wrongs by compelling compensation or restitution.

Criminal law differs from civil law whose emphasis is more

on dispute resolution and victim compensation than on
punishment.

Criminal Law Vs Civil

Law

Criminal law involves prosecution by the government of a

person for an act that has been classified as a crime.

Civil cases, on the other hand, involve individuals and

organizations seeking to resolve legal disputes.

In a criminal case, the state, through a prosecutor, initiates

the suit, while in a civil case the victim brings the suit.

In a criminal case the persons convicted of a crime may be

incarcerated, fined, or both. However, persons found liable
in a civil case may only have to give up property or pay
money, but are not incarcerated.

COMPARISON CHARTS
POINTS

CRIMINAL LAW

DEFINITION

Criminal law is the body of law

that deals with crime and the
legal punishment of criminal
offenses.

Civil law deals with the

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

PURPOSE

To maintain the stability of the

state and society by punishing
offenders and deterring them
and others from offending.

To deal with the disputes

between individuals,
organizations, or between
the two.

CIVIL LAW

POINTS

CRIMINAL LAW

CIVIL LAW

CASE FILED
BY

Government

Private party

TYPE OF
PUNISHMENT

A guilty defendant is
subject to Custodial
(imprisonment) or Noncustodial punishment
(fines or community
service). In exceptional
cases, the death penalty.

Compensation (usually
financial) for injuries or
damages, or an
injunction in nuisance.

EXAMPLES

Theft, assault, robbery,

trafficking in controlled
substances, murder, etc.

Landlord/tenant
disputes, divorce
proceedings, child
custody proceedings,
property disputes,
personal injury, etc.

POINTS

CRIMINAL LAW

CIVIL LAW

BURDEN OF
PROOF

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

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

APPEAL

Only the defendant

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

Either party may

appeal a decision in a
civil suit.

Criminal Law

Criminal law is the body of law that relates to crime.

It regulates social conduct and proscribes threatening,

harming, or otherwise endangering the health, safety, and
moral welfare of people.

It includes the punishment of people who violate these laws.

In February 2011, the Supreme Court of India ruled that

criminal defendants have a constitutional right to counsel.

Criminal Law

Capital punishment in India is legal.

In February 2013, mastermind of 2001 Indian Parliament

Attack, Afzal Guru was hanged in Tihar Jail, New Delhi

In September 2013, Four slum-dwellers who gang-raped

and killed a 23 year old student in Delhi as she and her

boyfriend made their way home on a bus last December
have been sentenced to death for her murder.

History of Criminal Law

Indian Criminal Laws are divided into three major acts :
1. Indian Penal Code, 1860,
2. Code of Criminal Procedure, 1973 and
3. Indian Evidence Act, 1872.
Besides these major acts, Special Criminal Laws are also
passed by Indian Parliament
. Prevention of Corruption Act,
. Food Adulteration Act,
. Dowry Prevention Act,
. Commission of Sati Act etc.
thousands of minor laws are made in India.
. Indian

Penal Code formulated by the British during the British

Raj in 1860, forms the backbone of criminal law in India.

Code of Criminal Procedure

(CrPC)

The Code of Criminal Procedure (CrPC ) is the main legislation

on procedure for administration of substantive criminal law in India.

It was enacted in 1973 and came into force on 1 April 1974.

It provides the machinery for the investigation of crime, apprehension

of suspected criminals, collection of evidence, determination of guilt or
innocence of the accused person and the determination of punishment
of the guilty.

Additionally, it also deals with public nuisance, prevention of offences

and maintenance of wife, child and parents.

The Act consists of 484 sections, 2 schedules and 56 forms.

Classification of offences
under the code

Cognizable and non-cognizable offences

Cognizable offences are those offences for which a police
officer

may

arrest

without

court

mandated warrant in

accordance with the first schedule of the code.

Non-cognizable cases the police officer may arrest only after
being duly authorized by a warrant. Non-cognizable offences
are, generally, relatively less serious offences than cognizable
ones.

Classification of offences
under the code

Summons case and Warrant case

Under Section 204 of the code, a Magistrate taking cognizance
of an offence is to issue summons for the attendance of the
accused if the case is a summons case.
If the case appears to be a warrant case, he may issue a
warrant or a summons as deem fit.
According to the section 2(w) those cases which are not
warrant case are summons case.
Warrant case are those which lies to imprisonment of death,
life and for more than two-year according to section 2(x).

Classification of offences
under the code

Bailable and non-bailable

According to Section 2(a), bailable offence are offences listed
under the First Schedule as bailable or made bailable under
any other law for the time being in force.
All other offences are non-bailable.

Civil Law

There are two main kinds of laws that are associated with
wrongs committed by individuals in our society, one criminal
and one civil.

Civil law deals with wrongs committed against individuals by

another individual or company, while criminal law deals with
conduct that endangers the social welfare.

Criminal law is what lands people in jail or on probation as it

is carried out by the government.

Civil law is what determines monetary settlements given for

infractions of civil matters.

History of Civil Law

The Code of Civil Procedure was first formulated in 1859 and

was later updated in 1877, 1859, 1882 and to its present form
that was made in 1900.

According to Article 133 of Constitution of India, an appeal

shall lie to the Supreme Court from any judgement, decree or
final order in a civil proceedings of a High Court in the
territory of India, subject to the High Court certifying it under
Article 134A .

Classification of Civil
Law

Breach of Legal Duty Owed:

This is when you have an inherent legal duty to do something
to protect yourself and others in society and you fail to do so.
So, let's say that you are in a car accident where you
changed lanes without looking and hit another party's vehicle.
You had a legal duty to make sure it was safe to change
lanes and did not do so, therefore you broke the social
contract of legal duty owed. Your punishment is generally to
pay for the other party's damages through your liability
insurance coverage.

Classification of Civil
Law
Breach of Contract

This contract could be written or verbal, but either way

there was an agreement reached that was breached. For
instance, when you agree to pay X amount of money for
rent every month and you fail to pay you are in breach of
contract.

Classification of Civil
Law

Failure to Adhere to Regulations, Statutes, Ordinances, etc.

This is what happens when you have failed to provide a safe
environment based on public guidelines or statutes. For instance,
you open a restaurant and you do not make enough entrances or
exits for a fire. You are in violating the public ordinances that are
set in place to keep the community safe. This could result in fines
from the local government that set the regulation and could
threaten to close your business until requirements are met.

Case on Civil Law

Mohd. Ahmed Khan v. Shah Bano

Begum (1985 SCR (3) 844), commonly referred
to as the Shah Bano case.

Subject to Protection of Rights on Divorce Act,

1986.

Case (contd)

Shah Bano case was a controversial maintenance lawsuit

in India, in which Shah Bano, a 62-year-old Muslim, daughter
of a police constable and mother of five from Indore, Madhya
Pradesh, was divorced by her husband in 1978

But even after winning the case at the Supreme court of

India was subsequently denied alimony because the Indian
Parliament reversed the judgment under pressure of Islamic
orthodoxy.

Case (contd)

The judgment in favor of the woman in this case evoked criticisms

among Muslims some of whom cited Qur'an to show that the
judgment was in conflict with Islamic law It triggered controversy
about the extent of having different civil codes for different
religions, especially for Muslims in India.

This case caused the congress government, with its absolute

majority, to pass the Muslim Women (Protection of Rights on
Divorce) Act, 1986, which diluted the judgment of the
Supreme Court and, in reality (reference missing), denied
even utterly destitute Muslim divorces the right to alimony
from their former husbands.

Complete the following text contrasting criminal and civil law by choosing from the
words/phrases
below .

compensation / contract / crime / damages / family law / intellectual property /

plaintiff / police / private individual / prosecution / the accused / the defendant
theft / to bring a case / to bring an action / to fine / to charge someone with
Something

One category is the criminal law the law dealing with _______. A case
is called a ______.The case is instituted by the prosecutor, who takes over
the case from the ______ who have already decided _______ the
defendant or __________ with specified crimes. The civil law is much
more wide-ranging. The civil law includes the law of _________ and
__________ __________. (or _____________________).
In a civil case, the___________, normally a ___________________ or
company, __________________________ to win __________ .If the case
is proven (on the balance of probabilities, meaning that one is more sure
than not), the defendant normally pays the plaintiff ___________ (money).

Answer
Criminal law Vs Civil law
One category is the criminal law the law dealing with crime.
A case is called a prosecution. The case is instituted by the
prosecutor, who takes over the case from the police who
have already decided to charge the defendant (or accused)
with specified crimes. The civil law is much more wideranging. The civil law includes the law of contract and family
law or intellectual property. In a civil case, the plaintiff,
normally a private individual or company, brings an action to
win compensation. If the case is proven (on the balance of
probabilities, meaning that one is more sure than not), the
defendant normally pays the plaintiff damages (money).

Can you classify them

into Criminal Law or Civil
Law?
Murder
Contract
Mortgage
Speeding
Fraud
Drugs
Divorce Employment
Burglary Manslaughter
Theft
Rape

Does your answer

match??
Criminal Law
Murder
Theft
Burglary
Manslaughter
Drugs
Speeding
Rape
Drinking & Driving
Fraud
Rioting

Civil Law
Contract
Mortgage
Employment
Divorce
Privacy

Thank you