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