6 Difference between Criminal Law and Civil Law

Criminal Law and civil law are two categories of law that are most well-known and wider according to the concept. Law by itself is a very wide concept that requires an apt and feasible classification to recognize the difference between the same. This has been the reason for one of the well-known classifications of law into civil and criminal law. These two Criminal Law and civil law are the most well-known and wider concepts of law.  Civil law consists of further division into codified and uncodified. Criminal law, however, does not consist of this type of further division.

In this article, we will discuss in detail the difference between criminal law and civil law. We will discuss in detail their definitions, major statutes, and many other deep details.

Criminal Law vs Civil Law

Sr.no	Criminal Law	Civil law
1	It deals with the crime which is related to or commented against the society like serious crimes.	Civil law deals with the cases like divorce, property money or custody cases, etc.
2	It deals with most serious cases like robbery, murder, rape assault, etc. which are not settable or negotiable.	It deals with cases that are settable or negotiable by both parties.
3	According to criminal law direct petition is not filed in the court. In this, a system is followed like a first complaint is registered to the police, and after that police inspect the case after that case is filed in the court.	A direct case is filed in the court.
4	The main purpose of criminal law is to punish the wrongdoers. And protect society from criminals.	It protects the right of the affected party and provides compensation for their loss or suffering.
5	In criminal laws, punishment is fixed for the criminal according to their crime.	No punishment for the wrong party but they have to pay compensation to the affected party.
6	In criminal laws, the court has the power to fine or imprisonment the criminal.	In civil laws, courts only pass the judgment or injunction to compensate for damage or suffering.

Criminal Law

This is a disciple of law dealing with the offenses that are against formal civilization. Criminal law provides for conduct that can be considered objectionable to the public, society, or the land (whose law it is). It’s a body of law dealing with crime and the legal punishments for the same.

In the present times where India has adopted the notion of a welfare state, Criminal Law deals with those offenses that are committed against society. This is the reason for most of the criminal cases being named ‘State” V. Other instead of the name of the victim. Another reason for this name change is the evil nature of the crime making it essential for every member of society to know the heinous crime committed and the equivalent punishment given to the accused.

Major statutes under Criminal Law

This disciple of law is codified making the following of the same very simple and convenient.

The following are the 3 major Acts of Criminal Law-

Indian Penal Code, 1860 (IPC)

Indian Penal Code, or IPC as it is most famously known as is the official criminal code of the Republic of India. Although the first draft of the Code was formulated by the First Law Commission, it was chaired by Thomas Babington Macaulay in the year 1825. However, it was only January 1st, 1860 when the code came into force.

Code of Criminal Procedure, 1973 (CrPC)

This is a code that guides the law enforcement agency’s on the procedure they are to follow when any crime has been committed. CrPC being a procedural law lays down the procedure for the proper implementation of substantial laws.

Indian Evidence Act, 1872 (IEA)

As the name of this statute itself indicates, this statute applies to the collection of evidence and the type of evidence that is admissible in the Court of law. Containing 167 Sections this statute notes circumstances about the applicability of facts and how they can be a significant component in verifying the existence of a crime.

Civil Law

This is a branch of law that is comparatively less controversial than the former and aims majorly at solving the dispute between the parties. In the most basic sense when the wrongful act done is not an offense then the same is governed under this law. Civil law is a much wider concept and hence can be further subdivided into the following

• Contract laws
• Family laws
• Tort law
• Administrative law
• Business, Corporate, or Commercial Laws

In addition to these main ones, there are many other categories in civil law, some of which are codified and some are not. However, one point of similarity between all these categories of Civil law is that the procedure followed under the same Code that is the Code of Civil Procedure, 1908.

Difference between Criminal Law and Civil Law

In criminal law, the offense is considered to be committed against society and the law provides the legal punishment for criminal offenses. Civil law deals with the disagreements between peoples, organizations, or between the two, in which compensation is awarded to the victim. Under criminal law, the offender is liable to society and the victim. Under civil law, there is a personal liability against the individual or the organization.

Under criminal law, the judgment mainly consists of punishment that has been given to the wrongdoer. However, under civil law, most of the judgments consist of monetary reliefs. In criminal law, the punishment’s severity depends on the acts of the offender. In civil cases the party that was affected gets compensation and the conflict gets settled. Mostly, the cognizance of a civil case is taken by the court when the same is filed in the court.

However, the cognizance of criminal cases has to be taken by the Police. The parties in Criminal law are mostly The State (Prosecution) against the Defendant. In civil cases, the parties are known as the plaintiff (one who files the plaint in court) and Defendant/ Respondent (one who responds to the case).

While dealing with the burden of proof it can be said that it usually lies on the plaintiff in a civil case and the prosecution in a criminal case. In civil litigation, the judge if convinced even up to 50% of the evidence in the plaintiff’s favor it is sufficient to win the case but for a criminal case, 99% and more proof against the defendant has to be proved.

Conclusion

There is an indefinite difference between criminal law and civil law. Both are the main areas of law having their own unique rules and regulations.  criminal law and civil law are governed by strict rules and procedural laws. Civil laws have a dispute resolution mechanism while criminal law has a reformation mechanism. These two areas of law are like a blanket covering most of the law. People who want to choose between them can choose only one as they are very important for the effective operation of our country.

 The areas of civil law are more diverse than those of criminal law. Civil law, as we have seen, has many branches, it includes property law, company law, commercial law, and much more. criminal law and civil law are the outer layers of all other laws.

Some areas of civil law are not codified, such as torts, but in criminal law, almost all laws and regulations are codified, so every point that distinguishes the law stands out, creating a piece of complete machinery for our country to work and eliminate crimes efficiently, be it in the offices or on the streets. Despite their distinctions, both of these regulations have the same aim: to formulate peace, law & order in society.

This is all about the difference between criminal law and civil law. We hope you understand the topic very well. If you want to read more about such kinds of interesting differences visit our website.