Education

DISTINCTION BETWEEN CIVIL LAW AND CRIMINAL LAW

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4 months ago

December 26, 2023

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INTRODUCTION OF INDIAN LAW

An ordinary man will only know the basics of the law, but only a law student will know to which extent our law will expand. The term law denotes different kinds of rules and principles. It is an instrument that regulates human conduct or behaviour. The main two divisions of law are civil and criminal laws. The Indian law has a lot of bifurcations because of the increased population. The Indian law can is divided into the following heads:

Public and Private law
Civil law and Criminal law
Substantive and Procedural law
Municipal and International law

In addition, we have Common laws and statutory laws. All the above laws include a lot of rules and legislation under them. Hence, now we will be discussing Civil and Criminal laws.

MEANING OF CIVIL LAW

Civil law comes into play when any person or a private concern gets affected by any other individual. It involves sorting out the conflicts between the individuals. The solution for any civil law is arrived at by paying some amount to the affected individual or court. The society as a whole does not get affected by civil law. It is a part of a country’s laws that concern the private affairs of the citizens.

CHARACTERISTICS OF CIVIL LAW

The lawsuits are handled in civil courts and related tribunals.
The penalty involved for any violation of the individual is to pay the fore said cash amount.
There are certain defined rules to be abided by the individuals.

LIST OF BRANCHES IN CIVIL LAW

CONTRACT LAW

It gives solutions for violations of contracts to which the aggrieved individual gets the required assistance from the court. The Indian Contract Act of 1872 defines valid and invalid contracts.

TORT LAW

Tort law is prominent when one individual is affected by another, requiring legal intervention. It can be resolved by demanding from the individual who caused the damage. Tortious Act means recklessness; infringement and interfering in private matters.

FAMILY LAW

This law forms part of family issues such as adoption, divorce, wills, and marriage. Family law is regulated by the following acts such as:

Hindu Marriage Act,1955
Parsi Marriage and Divorce Act,1839
Dissolution of Muslim Marriage Act,1939
Hindu Succession Act,1925

You can find the top divorce lawyer in chennai here.

COMMERCIAL LAWS

Commercial law guides in creating and terminating businesses for corporates. It involves transactions that take place between the companies. It ensures that the transactions are fair and legal.

Sale of Goods Act, 1930
Companies Act,2013
Indian Partnership Act,1932

CODE OF CIVIL PROCEDURE

It is a procedural law connected to the administration of civil proceedings. Once the proceedings are initiated under it, the rights and remedies of the parties will be governed by the Code. It has two divisions – The first part consists of 158 sections and the second part consists of the First Schedule; which contains 51 Orders and Rules.

MEANING OF CRIMINAL LAW

Criminal law takes severe actions against people committing unlawful offences. Punishments are unbearable in the case of criminal law as they cause harm or damage to the health and property of an individual. Criminal law includes the rehabilitation of people who violate such laws.

FEATURES OF CRIMINAL LAW

Criminal courts or sessions court handles criminal law proceedings.
The person who was the reason for the damage is penalized severely.
It breaches public rights.

Here is the list of acts for criminal law:

THE INDIAN PENAL CODE,1860

This is the formal code for Criminal law in India. The various crimes in India are listed in this code. It details the crimes and the actions taken for the same. The first law commission of India established it. It consists of 23 chapters and 511 sections.

THE CODE OF CRIMINAL PROCEDURE,1973

This code gives details for examining the crime, producing the witness, reasons for the crime committed, and resolutions for it. The Act consists of 565 sections, 5 schedules, and 56 forms

S.no		Civil Law	Criminal Law
1	DEFINITION	Civil law deals with any harm or injury to the rights of an individual. For example, Conflicts relating to the sale or purchase of land; divorce cases; and rent issues.	Criminal law deals with conduct or acts that the law defines as an offence. For example, harassing a woman; theft; and murder.
2	PURPOSE	To settle the conflicts between individuals and to provide remedies.	Enforcement of particular forms of behaviour by the government which acts to ensure compliance.
3	ACTS AND RULES	In Civil suits; the rules that are used are contained in Civil Procedural laws.	In Criminal suits; the offence or prohibited act is often found in the Penal code and other Penal laws
4	OUTCOME	In civil cases, the party that wins will get declarations such as damages, injunctions, etc.	In Criminal Cases, where a crime is found to have been committed; the outcome is punishments such as imprisonment, fines, community service, etc.
5	INITIATED	Civil suits are often started with the assistance of an advocate	Criminal suits are mostly started by the Police and by the Director of Public Prosecution.
6	INTENSITY OF THE OFFENCE	The intensity of the offence is less compared to Criminal law.	The intensity of the offence is more than Civil law.

INFERENCE

Civil and criminal law have different practices to be followed. Civil law has numerous sections compared to criminal law. For Instance: property law; corporate law; business law; etc. Some civil laws like tort laws are uncodified but almost all criminal laws are codified. A breach of civil law can result in a lawsuit or some form of monetary liability, whereas a breach of criminal law can result in a criminal accusation and criminal conviction.