Article by – Shivam Shukla
Civil v.s Criminal Law which one is better We know very well that the man is a social animal. He lives in society and can live in society. For the harmonious running and functioning of society and security and well beings of individuals, certain rules and regulations are needed, it is also necessary that these rules must be obeyed by them. These rules are known as law. It is an instrument to secure justice, liberty and peace in the society. The law has its two fundamental areas of law: criminal law and civil law.
SIMILARITIES BETWEEN CIVIL AND CRIMINAL LAW:-
- Civil and criminal laws appertain to violation of federal or state rules and regulations. Both civil and criminal cases are fought in a court presided over by a judicial officer. In addition, the cases require a person that must move the court for justice.
- In both civil and criminal cases the actions are examined in the light of evidence and compared with the law which can be prescribed in the Indian Evidence Act 1872.
- If someone has gone beyond a law, he or she receives judgment based on the circumstances surrounding the action. Whether civil or criminal, the case will end with a court order or sentence after witnesses have testified and evidence related to the case has been examined. The order of the court can be in the form of imposed fine, an imprisonment, or both.
- In India for the disposal of criminal cases they adopted the policies of CrPC 1973 and for the civil case CPC 1908 they both are procedural laws which provides the mechanism for the enforcement of substantive laws i.e IPC 1860, property act 1888, Hindu marriage Act 1955 etc.
WHAT ARE THE DIFFERENCES?
- The foremost difference between civil and criminal laws is that the former involves crime against a specific party of person while the latter one involves crime against the society, state, or the government of the state.
- Generally, civil cases are brought by private individuals, while the criminal cases are brought by federal, state, or local government in response to violation of a rule.
- A civil case related to some personal or business conflict which arises between private persons or parties. The case is filed in the court when one party feels wronged by the action of another.
- Common civil cases include partnership conflicts, child custody, breach of contract, trespass to property, personal injury, maintenance of wife and divorce.
- Rape cases, on the other hand, generally fall under the criminal law. The reason is that even though a single person who is the victim of the crime is considered as an offence against the society.
- It affects the whole society.Other examples of criminal cases include homicide, conspiracy and fraud, theft, manslaughter, sexual assault, conspiracy to commit crime, possession of drugs, murder, unnatural offence etc.
The wrong is wrong whether it is civil or criminal wrong. The mere difference between both, is that the criminal wrongs are much more serious than the civil wrongs because the criminal ones are against the whole society, even if only one individual gets hurt.
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