Criminal Law vs Civil Law

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 CIVIL 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.


CASE FILED BY

Government Private party

TYPE OF PUNISHMENT

A guilty defendant is subject to Custodial (imprisonment) or Non-custodial 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.


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.


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).


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.


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.


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 divorcées 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 defendanttheft / to bring a case / to bring an action / to fine / to charge someone withSomething

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 wide-ranging. 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 Rioting Drinking & Driving Privacy

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

Criminal Law vs Civil Law

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