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Home > News & Articles > Difference between Civil Law and Criminal Law: Definitions, Examples, Features and Types
Updated on 22nd May, 2023 , 6 min read
Civil and criminal law are two such disciplines that everyone is familiar with. These two themes are the most common ones under the law, and they probably cover the majority of it as well. Because of our large population, the legislation of India has a wide range of segregations, which leads to individuals breaking the law and violating their rights. Because of the growth in such acts, a variety of legislation was required to be introduced in India, providing us with several sorts and branches of the law.
The law of India is split into the following categories-
In addition to this, we have common laws and statutory laws. These aforementioned laws encompass a wide range of activities and legislations, allowing India to have so many different laws, of which we will focus on Civil and Criminal law and their variations.
The following table gives details about civil and criminal law-
|
Civil Law |
Criminal Law |
|
|
The following table gives details about civil and criminal law examples-
|
Civil Law |
Criminal Law |
|
Defamation, such as libel and slander, breach of contract, carelessness resulting in harm or death, and property damage are all examples of civil law. |
Examples include stealing, drunken driving, murder, assault, and so forth. |
The following table gives details about civil and criminal law features-
|
Civil Law |
Criminal Law |
|
It is a discipline of law in which matters are heard in civil courts and tribunals. The damages done to either party are settled by giving them a sum of money rather than imprisoning them. They are a collection of codified laws that bind the parties concerned. Because contract law is the most important part of civil law, it is heavily influenced by contractual duties. |
Criminal cases are heard in criminal courts or sessions courts. The harm done to a person is justified by punishing the perpetrator in the same way. It establishes a public offense against the public interest, rather than a private responsibility. It is a violation of public rights. |
The following table gives details about civil and criminal law types-
|
Civil Law |
Criminal Law |
|
Contract: A contract disagreement occurs when one party is unable to meet the terms and conditions of the contract. In such cases, the compensation sum is provided by the party who violated the contract. |
Personal Crime: It is one that causes bodily or emotional harm to another person. The crimes might be violent or murderous in nature. Assault, domestic violence, abduction, and child abuse are examples of personal crimes. |
|
Property: Property conflicts arise when a property is destroyed by another person or when the owner is physically harmed. |
Property Crime: It may also cause bodily or mental harm to the property owner. Burglary, robbery, theft, and other property crimes are examples. |
|
Family Relations: People who have family conflicts such as ownership, settlement, or divorce can use civil law to address their differences. |
Financial Crimes: It includes fraud or theft committed with the goal of profiting financially. Financial crimes include things like fraud, theft, blackmail, and cybercrime. |
|
Complaints Against a City: A complaint can be filed against the government or the city over a specific settlement. Once the complaint is filed, it is up to the court of law to determine whether the government or the city is obligated to pay the compensation. |
Statutory Crime: It encompass the aforementioned offenses as well as the government's laws and guidelines. Statutory crimes include, for example, alcohol offenses, drug-related crimes, traffic crimes, financial crimes, and so on. |
The following table gives detalied difference between the civil law and criminal law-
|
Parameters |
Civil Law |
Criminal Law |
|
Meaning |
Civil law is concerned with activities committed by persons in which the harm caused can be reimbursed by compensation or monetary remedy. |
Criminal law deals with crimes that cause harm to people and are also crimes against society. The punishment for a crime is to imprison the perpetrator. |
|
Liability |
It imposes a private liability on an individual or organization. |
It exposes the preparer to culpability in the eyes of society and the victim. |
|
Punishment |
In most circumstances, justice is served by awarding monetary compensation for damages. |
Justice is served by imprisoning the accused or fining him or her. |
|
Triable |
Civil law cases are heard in civil courts or comparable tribunals. |
Criminal cases are heard in either the Criminal Court or the Sessions Court. |
|
Objective |
The goal of civil law is to resolve disputes between individuals. |
The goal of criminal law is to provide justice to the victim through punishment of the offender. |
|
Procedural Law |
Code of Civil Procedure, 1908 |
Code of Criminal Procedure, 1973 |
|
Gravity of Offences |
Less serious than Criminal |
More serious than Civil |
|
Filing of the case |
In civil cases, the aggrieved party initiates the action. |
The government files on behalf of the victim in criminal cases. |
|
Registration |
In most civil cases, the case can be filed immediately with the court. |
With criminal cases, the case must be recorded at the police station before it can be heard in court. |
|
Infringement |
Infringement against private property rights. |
Public rights are being violated. |
|
Branches |
Corporate law, family law, real estate law, media law, sports law, and so forth. |
There will be no detour. |
|
Examples of Acts |
Negligence, invasion of privacy, trespassing, and so on. |
Murder, rape, kidnapping, theft, and so forth. |
The distinction between civil law and criminal law is imprecise. Both are the most essential branches of law, and each has its own set of norms and rules. Strong legislation and procedural laws govern civil and criminal law. Civil law has mechanisms for resolving disputes, but criminal law contains mechanisms for revenge. Most of the law is covered by these two disciplines of law. People who want to pick among them can do so because they are all vital to our country's success. Civil law has more branches than criminal law. Civil law has various variations, including property law, corporate law, business law, and many more. Some branches of civil law, such as torts, are uncodified, whereas almost all laws and regulations under criminal law are codified, so each and every point that distinguishes both the law stands out and creates full-fledged machinery for our country to work and eliminate crime efficiently, whether in the offices or on the roads.
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By - Nikita Parmar 2023-08-25 09:48:44 , 11 min readAns. Contracts, Property, Family Relations and Civil Wrongs inflicting bodily harm or property damage (tort).
Ans. No, under civil law, the penalty includes compensation rather than death as a punishment.
Ans. Criminal law is the body of law dealing with crime. It forbids behavior that is viewed as dangerous, hurtful, or otherwise hazardous to the property, health, safety, and moral welfare of others, including oneself.
Ans. Civil litigation is a legal action taken by two or more people to resolve a civil disagreement. Criminal prosecution occurs when the government prosecutes a defendant in order to punish criminal behavior.
Ans. Another major subject of civil law is tort law. Tort is a civil law subject to Common Law jurisdiction. It includes injury or damage inflicted by one person on another that results in legal liability for the one who caused the harm to the other party. The injured party may seek reimbursement from the person who committed the tortious conduct.
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