Law is a set of rules which is made to keep peace and order in society and to protect people’s rights. It helps in solving the disputes between individuals and punishes those who break rules that harm individuals or the society. The laws are categorized based on its applicability and impact. Like in other countries, in India also the legal system has been divided into two major parts:
- Civil Laws; and
- Criminal Laws.
Here is an introduction to these two major categories to understand their essence.
What is Civil Law?
Civil law deals with private disputes between people or organizations, like property matters, contracts, family issues, or consumer complaints. The main aim of Civil laws is to provide relief to the person who has suffered a loss or harm. It involves laws such as Indian Contract Act, 1872; Hindu Marriage Act, 1955; Consumer Protection Act, 2019; Transfer of Property Act, 1882; Law of Torts and more.
What is Criminal Law in India?
Criminal Laws deal with actions that are harmful to society as a whole, such as theft, murder, or assault. These actions are called crimes, and the purpose of criminal law is to punish the wrongdoer and prevent further crimes. It involves major laws such as the Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; Bharatiya Sakshya Adhiniyam, 2023; NDPS Act (drugs-related crimes); POSCO Act (child sexual abuse), etc.
Difference between Criminal Law and Civil Law
There are several points of difference between civil laws and criminal laws. The said differences have been pointed out below:
- Purpose of the Law
Civil Law is about solving disputes between two or more private parties such as people, companies, or organizations. It provides relief to the person who is harmed. The said harm can be in the form of money (compensation) or an order from the court to Injunction (mandatory or preventive) i.e., to do something or stop from doing something.
Whereas Criminal Law deals with acts that are considered harmful to the whole society. Its purpose is to punish the wrongdoer and to prevent crimes. The State usually files the case against the accused person, from the victim’s side.
Example: In Donoghue v. Stevenson (UK tort law case often cited in India), a woman found a snail in her drink bottle and sued the company. It was a civil case for negligence and compensation.
- Who Fights the Case
In civil cases, the person who files the case is usually called the plaintiff, and the person against whom the case is filed is the defendant. Both are usually private individuals or companies.
But in criminal cases, the case is filed by the State (Union or State or UT government). The government is represented by the Prosecution, and the person who is accused of the crime is the accused or defendant. The victim is mostly a witness, unless he/she turns out to be a complainant or appellant.
Example:
In Mohori Bibee v. Dharmodas Ghose (1903), a minor entered into a contract. The plaintiff (moneylender) filed a civil case to recover money. The court held that the contract was void.
In State of Rajasthan v. Kashi Ram (2006), the State filed a criminal case for murder. It was not the victim’s family, but the government (through Police) who prosecuted the accused.
- Type of Wrong
Civil law deals with private wrongs, such as a person not paying back a loan, breaching a contract, or causing damage to property.
Whereas Criminal law deals with public wrongs, such as assault (hitting someone), murder (killing someone), or theft (stealing).
- Burden of Proof
In most of the civil cases, the burden of proof rests with the plaintiff who has to prove with the help of evidence that due to defendant he has suffered harm. In few of the cases, the burden of proof shifts to the defendant as well.
In criminal cases, the Prosecution has to prove that the accused is guilty beyond a reasonable doubt, which means the Judge should be sure that the person committed the crime. - Punishment or Relief
- In civil law, if the court found that the defendant is responsible for the harm, then it may order them to pay the damages, or to return property, or to do or not to do certain acts (called injunctions).
But in criminal law, if the accused is found guilty, the court gives punishment like imprisonment/jail, fine, life imprisonment, or in rare cases, death penalty as well.
Example:
In MC Mehta v. Union of India (1987), the court ordered compensation to people affected by a gas leak. This was a civil case for compensation under environmental tort law.
In Nirbhaya Case (Mukesh & Ors v. State (NCT of Delhi), 2020), the court awarded death penalty to the accused persons after Prosecution proved their guilt in a criminal offence.
- Procedure in Court
In civil cases, the process starts with filing a plaint or petition. Then the parties exchange documents, and evidence is presented. After that, the Judge gives a decision.
But in criminal cases, the process starts with FIR (First Information Report) or a criminal complaint, followed by investigation, charge sheet, and then the trial. The State presents witnesses and evidence for the Prosecution to prove the case.
- Courts and Jurisdiction
Civil Law Cases are heard in civil courts, family courts, consumer courts, etc., whereas Criminal Law Cases are heard in criminal courts, magistrate courts, etc. While the Judges are usually similarly qualified, they are designated with specific matters in the District and Sessions Courts, Benches of High Courts and the Supreme Court. - Legal Aid and Representation
In civil cases, people can hire private lawyers but poor people may get free legal aid in certain circumstances.
Whereas in criminal cases, if the accused cannot afford a lawyer, the State must provide free legal aid. This is a constitutional right under Article 39A and a legal right under Section 341 of the BNSS.
Conclusion
Civil law and criminal law are two important pillars of the Indian Legal System. Where Civil law helps people in solving private problems like property issues, contracts, or family matters and provides compensation or relief to the person who suffered harm. On the other side, criminal law deals with serious acts like murder, theft, or assault that harm society. It punishes the wrongdoers and seeks to bring peace and a sense of safety among the people in our country.
Both types of laws are necessary. Civil Law protects a person’s rights, while criminal law protects the whole society. Understanding the difference civil and criminal law helps us understand how the law works and how it provides justice to everyone.
