The distinction between civil and criminal law is fundamental in India’s legal system. They differ in terms of their purpose, parties involved, and procedure.

What are Civil Cases?

Civil cases, known as suits, typically involve disagreements over rights and duties of the parties to the case towards each other. The goal is not to punish but to provide a remedy, usually in the form of monetary compensation (called damages) or a specific action ordered by the court to a party to do or not to do something (called an injunction).

Civil law is designed to resolve disputes between private individuals or organisations.

Plaintiff and Defendant

In a civil suit, the person who files the case is called the plaintiff, and the person against whom it is filed is the defendant.

Examples of Civil Cases

Examples of civil cases include property disputes, contract breaches, family law matters like divorce and child custody, and cases for recovery of money.

What are Criminal Cases?

Criminal law deals with acts that are considered offences against the state or society as a whole. The objective is to punish the offender and deter others from committing similar crimes. The state, represented by a prosecutor, initiates criminal proceedings against the accused.

If found guilty, the accused can face penalties ranging from fines to imprisonment and even death.

Examples of Criminal Cases

Offences like theft, cheating, assault and murder fall under criminal law.

However, some actions can give rise to both civil and criminal proceedings.

Difference Between Civil and Criminal Cases

Burden of Proof

A key distinction between civil and criminal cases is with regards to the burden of proof. In a civil case, the plaintiff must prove their case on a “preponderance of probabilities”, meaning their version of events is more likely to be true than the defendant’s.

In a criminal case, the prosecution has the much higher burden of proving the guilt of the accused “beyond a reasonable doubt”. This higher standard reflects the serious consequences of criminal conviction, which can involve the loss of liberty.

Time consumption

A common perception is that civil proceedings are significantly more time-consuming than criminal trials. Nearly 70.17% of criminal trials were disposed of within a year, while only 37.91% of civil suits were resolved in the same timeframe. The nature of both kinds of cases has a role to play in civil cases taking longer.

In criminal cases, there is life and liberty involved, suggesting a greater sense of urgency. In contrast, in civil matters, parties may drag proceedings in the hope of arriving at an out-of-court settlement . Many civil cases get stuck at the preliminary stage of issuing notices and summons.

Filing of the case

Under Civil Law the party aggrieved files the case whereas under Criminal Law the government files the case on behalf of the victim.

Infringement

Under Civil Law there is infringement of private rights whereas under Criminal Law there is infringement of public rights.

Registration

Under Civil Law cases can be directly filed in the court whereas under Criminal Law cases need to be registered in the police station directly and then subsequently in the court.

Liability

Under Civil Law there is private liability- against person or organisation whereas under Criminal Law liability is against the whole state.

Conclusion

Thus, Civil and Criminal Cases serve different purposes within the legal system. Civil cases are designed to resolve disputes between parties and provide remedies for wrongs, while criminal cases aim to punish and deter criminal behaviour to protect society.