What is Differences Between Civil Law and Criminal Law ? दीवानी कानून और फौजदारी कानून में क्या अंतर है? I فوجداری قانون اور دیوانی قانون کے درمیان فرق

Civil Law is a law that resolves disputes between two individuals or organizations, whereas Criminal Law is a law that deals with crimes committed against the society. 




Major Differences between  Civil Law and Criminal Law:  

Civil Law is governed by the Code of Civil Procedure, 1908 (CPC) which is a procedural law pertaining to administration of civil proceedings. Whereas , Criminal law is governed by the Code of Criminal Procedure, 1973 (CrPC), which is a procedural law relating to the functioning of the police machinery, investigation and the procedures to be followed by Courts during investigation and trail.

Civil law is used to help citizens in their personal matters such as contracts, property, family relations, ownership, defamation etc. Whereas , Criminal law is used to punish criminals according to the Indian Penal Code. It helps in settling disputes related to financial offences, property offences, personal offenses and statutory offenses and protects citizens from any bodily harm.

Civil Law deals with property , money , housing , divorce and child custody etc. Whereas ,the Criminal Law deals with the serious crimes like murder, rape, dacoity etc. 

Civil Law creates private liability against an individual or organization. Whereas , the Criminal Law creates liability for the perpetrator against society and the victim.

Civil Law aims at resolving disputes between individuals or organizations. Whereas , the Criminal Law aims at providing justice to the victim by punishing the accused. 

Cases under the Civil Law are heard by the Civil Court or equivalent tribunals. Whereas ,cases under the Criminal Law are heard by the Criminal Court or Court of Sessions.

In case of Civil Law, the losing party has to reimburse the Plaintiff the amount of damages as determined by the Court. Whereas , in case of Criminal Law, the person found guilty is punished with imprisonment, fine or on some occasion’s death.

In Civil Law, the Petition is filed by the aggrieved individual or organization. The aggrieved person who sues another is called “Plaintiff” and the person who is sued is called “Defendant”. Whereas ,in Criminal Law, the case is usually filed by the government and is referred to as “State”, and the case is represented by a prosecutor against an accused.

In Civil Law, the aggrieved party has to file a suit in the Court or Tribunal to initiate the case. Whereas , in Criminal Law, a petition cannot be filed directly in the Court, rather a complaint must be file with the police first, and the crime must be investigated by the police, and then the case can be filed in the Court.

In the case of Civil Law, the powers of the Court are to pass judgments or injunctions for damages caused to the victim. Whereas , in the case of Criminal Law, the powers of the Court are to recover fines, to imprison or release the guilty of an offence.

 


Branches under the Civil Law may be :-

👉Commercial Law

👉Family Law

👉Administrative Law

👉Contract Law

👉Tort law


Criminal Laws are divided into three major Acts:

👉Indian Penal Code, 1860

👉Code of Criminal Procedure, 1973 and

👉Indian Evidence Act, 1872

The Code of Civil Procedure, 1908 provides the procedure of filing a civil suit before the Court and the provisions for proving the case. Whereas , the Code of Criminal Procedure, 1973 provides a mechanism for conducting the trial in a criminal case.

Post a Comment

Previous Post Next Post