Differences Between Civil Law And Criminal Law

Differences between Civil Law and Criminal Law are really important to understand as a whole because the implications and processes involved in it are really variants. You need to be clear with the stands and understand the concepts in a broader way. Let us bifurcate the laws into the use cases. We love to watch James Bond and characters creating dialogues like "we are the godfather of law", "I will penalize the guilty on my own, this law is futile".

We should navigate the whole spectrum then come towards a consensus to understand the whole judiciary process and legalities involved in it.

Criminal Law: In simpler words, it is the law for crimes and the punishments associated with it.

Civil Law: It is the law associated with the understanding of private rights as a whole.

Find Here major Difference Between Civil Law And Criminal Law

Major Cases Dealt Under Civil Law Of India

1. Contract Disputes

Usually, the contract signed between two parties asks for both parties to abide by the policies. However, when there is an infringement of the contract between the parties this leads to a contract dispute. For Example-

• Landlord and tenant

• Land issues

• Infringement of Business deals

2. Torts and Claims

This happens when a duty towards another human being is affected. For example monetary insecurity or physical insecurity. The condition and claims that fall under this are:

• Fraud

• Medical Malfunctions and Malpractices

• Assaults

• Imprisonment

3. Property debate

When a commercial place is built in a residential area or repairing a property that is a threat to its visitors falls under the property debates.

Process Of Filing A Case Under Civil Law in India

1. The case is not filed under the government rather the aggrieved party files a case against the wrongdoer by filing a complaint.

2. The litigation process is not severe in comparison with any criminal case filed.

3. In criminal legislation cases, you need more witnesses whereas in civil cases you do not need umpteen witnesses and root causes for the accused.

4. Civil legislation makes sure that the protection of your individual interests is taken care of whereas in criminal cases the public interests always hold a priority.

5. We need to have a balance of probabilities to work out over here.

6. The Law of enforceable agreement is to be taken care of over here.

7. Under the Law of Torts, all the religious issues are sorted and taken care of.

8. The contributory negligence to which the "plaintiff" and "defendant" are responsible.

Major Cases Dealt Under Criminal Law Of India

This deals with major cases wherein any other individual has been harmed. It is termed penal law since it is considered a breach of duty against the state. When any deliberate act of harm is being caused it will be penalized under the criminal/penal law.

The maxim "actus non facit reum, nisi mens sit rea", which means that an act itself does not constitute a crime, until and unless it has an association of guilt attached to it.

The major criminal laws fall under the category of the Indian Penal Code, 1860, Criminal Procedure Code, 1973, and Indian Evidence Act, 1872.

Crimes against a person, property, statutory and inchoate crimes are a major part of criminal lawsuits.

Laws to abide by under Criminal Law

1. Indian Penal Code (1860)

2. Criminal Procedure Code (1974)

3. Animal Protection Under Criminal Law

4. The Indian Evidence Act, 1872

5. Principle of Joint Liability This would fall under sections that are 34 to 38. 120A, 149, 396, and 460 of IPC. (Any unlawful act committed by the assembly as a whole so the people in the association are equally liable as the offender is).

These three are the major laws applied in the whole country.Imprisonment Categories

• Imprisonment for non-payment of fine and on payment of fine

• Imprisonment to terminate upon the payment of the due fine.

• Termination of imprisonment upon filling of the partial payment

(these are all applied when the imprisonment could be substituted with a fine)

Theories of Punishment :

1. Preventive Theory

2. Deterrent theory

3. Reformative

4. Redistributive

The preventive theory has a key rule since it leads to imprisonment or even a death sentence.

Conclusion

Legal protection and legal recognition are two important terms in law. When you have a legal interest or a personal interest that has been transformed o a legal interest it becomes really important for you to understand the process. Any violation falling under a punishable offense is penalized by the law. The differences between civil and criminal are broadly classified into the legal representatives, rights, types of cases, court proceedings, understanding the purposes and outcomes related to it.

We know that 90% of the civil suits never went to the trial because of the bifurcation and extent of the case.

Once you reach the mercy of the court the Indian Penal code has a hundred sections and each section has a classification for the broad case as a whole. Criminal courts are particularly structured for the same. You need to deep dive into the judiciary system to classify your case and form a lawsuit; however, these basic differences put forth a clear picture for you to understand and proceed.

Lawyer Ankit Sharma is an alumnus of Iilm Institute of Noida and has been working in the legal field for the past 11 years.