Civil law and criminal law
Posted on Nov 27, 2021
By Nyaay ki roshni me
Published in Education
Difference between Civil law and Criminal law
Having understood the meaning of CIVIL and CRIMINAL law, let us proceed to the differences between the same,
1. Civil law deals with the disputes between individuals, organizations etc., whereas as Criminal law is the body of law that deals with the crime and legal punishment for criminal offenses.
2. In civil law, the initiation of a case starts with the filling of a complaint by the aggrieved party against the wrongdoer, whereas in Criminal law, the case is field by the Government against the accused.
3. A Civil Litigation is less serious than a Criminal Litigation.
4. Burden of providing the evidence in Civil Law lies on the plaintiff, whereas Criminal law it always lies on the state.
5. In Civil law, the punishment is given in terms of compensation whereby the wrongdoer reimburses the other party the amount of loss sustained by him as decided by the court, for example, in case of a breach of contract, the aggrieved party has to approach the court for damages, whereas in Criminal law the guilty is punished by incarceration with or without fine, or in some rarest of the rare cases with death penalty.
6. Broadly speaking, Civil law aims at protecting individuals interests against one another, whereas criminal law protects public interests against the wrongdoer.
7. Civil law includes disputes relating to property, contract, torts, family arrangements etc., Criminal law includes offences affecting human body and proprty and the corresponding punishment for those offences.
8. In Criminal cases more evidence is needed to find the accused at fault than to find the 'defendant' at fault in Civil ones.
9. In Criminal law, questions of probability does not arise, it has to be always certain, and in contrast Civil case can be proved on a balance of probabilities.
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