Civil and Criminal Law

  • Civil Law is all that body of principles, decisions and enactments made, passed, recognised or approved by the legally constituted authorities or agencies in a State, for regulating rights, duties and liabilities between the State and the citizens and also the citizens inter-se.
  • It is enforced through the machinery of the judicial process for obedience to the sovereign authorities in a State.
  • Civil Law includes Constitutional Law and Administrative Law (Public Law).
  • Civil litigation usually involves some type of compensation for injuries or damages as well as disposition of property.
  • A civil case is filed by a private party.
  • Criminal Law defines crimes/offences and prescribes punishment for them. Its aim is the prevention of offences.
  • Such law is thus, necessary for maintaining order and peace within the State.
  • A criminal case is filed by the Government (State) against the wrongdoer (accused).
  • The basic difference between the two laws lies in the object of each. The object of civil law is the redress of wrongs by compelling compensation or restitution, the wrongdoer is not punished; he only suffers so much harm as is necessary to make good the wrong he has done. The person who has suffered gets a definite benefit from the law, or at least he avoids a loss. On the other hand, in the case of crimes, the main object of the law is to punish the wrongdoer, to give him and others a strong inducement not to commit same or similar crimes, to reform him if possible and perhaps to satisfy the public sense that wrongdoing ought to meet with retribution.
  • Civil law is a wrong against another private party. On the other hand, crime is committed against the society at large.
  • The aggrieved party who files a suit in the court of law is called “plaintiff”. The opposite party is the “defendant”. Whereas, in a criminal trial, the State is known as the “prosecution”.
  • In criminal litigation, the burden of proof is always on the State. The State must prove that the accused is guilty. He is assumed to be innocent unless proved guilty. In civil litigation, the burden of proof is initially on the plaintiff. However, there are a number of technical situations in which the burden shifts to the defendant. 

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