Civil and

Criminal Law
Dr Kiran Gardner
Civil Law

In this category, civil law deals with the

relationships between individual citizens
Its purpose is to settle arguments
between individuals
It helps people to find remedies
it doesn’t really punish people
Civil Law includes all Private Law and
some Public Law 2
Criminal Law

Criminal Law deals with rules created by the

State which forbid certain behaviour
These are “crimes”
Criminal Law punishes people
it does not provide remedies
Criminal Law is usually what people think of
when they think about “The Law”
Criminal Law is part of Public Law
3
Criminal Law v. Civil Law

A very important difference between

criminal law and civil law relates to
court cases
In a criminal case, the prosecutors (ie
the State) must prove their case
beyond reasonable doubt
In a civil case, the parties only have to
prove their case on the balance of
probabilities 4
 Civil Law Criminal Law

Civil Law is a general law which solves disputes between 2 organisations Criminal Law deals with offences that are committed against the society. It
or individuals. As per Civil Law the wrongdoer will have to compensate meets out varying degrees of punishment commensurate with the crime
the affected organisation or individual. Civil Law deals with Property, committed. Criminal Law will deal with serious crimes such as murder,
Money, Housing, Divorce, custody of a child in the event of divorce etc. rapes, arson, robbery, assault etc.

Civil Law is initiated by the aggrieved individual or organisation or also The Government files the case of criminal law. The public prosecutor
known as ‘plaintiff.’ The parties are required to represent themselves represents the victim. He is required to prove the case beyond reasonable
or through their lawyers doubts.

In case of Civil Law, to start a case, the aggrieved party needs to file a As per Criminal Law, to start a case, a petition cannot be filed directly in a
case in the Civil Court or Tribunal court, rather the FIR (First Information Report) should be first registered
with the police, and the crime needs to be investigated by the Police.
Thereafter a case can be filed in the court.

The objective of Civil Law is to protect the rights of an individual or The purpose of Criminal Law is to punish the wrongdoers and protect
organisation and make sure that he or the concerned organisation society, maintain law and order and punish the guilty.
receives the compensation for the wrongs that they have suffered. 

In Civil Law, the wrongdoer gets sued by the complainant of the In Criminal Law, the accused person will be prosecuted in the court of law.
aggrieved party.

In the case of Civil Law, there is no punishment like Criminal Law, but In the case of Criminal Law, punishment is meted out as per the seriousness
the aggrieved party receives the compensation and the dispute gets of the criminal offence committed or a fine could be imposed.
settled.

In the case of Civil Law, the power of the court is to pass judgement or In the case of Criminal Law, the powers of the court are charging a fine,
injunction to compensate for damages caused to the aggrieved party. imprisonment to the guilty of a crime, or discharge of the defendant.
 Civil Criminal

Governed Code of Civil Procedure, 1908 Governed by Code of Criminal

Procedure, 1973

It creates a private liability against an It creates a liability for the preparator

individual or an organisation.  against society and the victim.  

Cases under Civil law are triable under Cases under Criminal law are tried
Civil Court or equivalent tribunals.  under Criminal Court or Sessions
Court. 
In Civil Law cases, the defendant is In Criminal Law parlance, the
considered to be either liable or not defendant is considered either guilty or
liable. not guilty by the court.
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