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Difference between Civil Law and Criminal Law: Definitions, Examples, Features and Types

Nikita Parmar

Updated on 22nd May, 2023 , 6 min read

Difference Between Civil Law and Criminal Law Overview

Civil and criminal law are two such disciplines that everyone is familiar with. These two themes are the most common ones under the law, and they probably cover the majority of it as well. Because of our large population, the legislation of India has a wide range of segregations, which leads to individuals breaking the law and violating their rights. Because of the growth in such acts, a variety of legislation was required to be introduced in India, providing us with several sorts and branches of the law. 

The law of India is split into the following categories-

  1. Civil Law and Criminal Law
  2. Municipal and International Law
  3. Public and Private Law
  4. Substantive and Procedural Law

In addition to this, we have common laws and statutory laws. These aforementioned laws encompass a wide range of activities and legislations, allowing India to have so many different laws, of which we will focus on Civil and Criminal law and their variations.

Difference Between Civil Law and Criminal Law: Definitions

The following table gives details about civil and criminal law-

Civil Law 

Criminal Law

  1. They refer to any injury or harm caused to an individual or any other private property (such as a business) by the conduct or behavior of another person. 
  2. Under civil law, the party's actions are not criminal in nature. 
  3. It is frequently used to settle disagreements between parties.
  4. Civil laws often address remedies by awarding compensation or a fine to the injured party or the court. 
  5. Compensation will be used to address civil law damages. 
  6. Unlike criminal law, civil law does not generate an offense against society as a whole.
  1. It is the body of legislation that governs crime and its consequences. 
  2. Criminal law deals with offenses against traditional society. 
  3. Because of the terrible character of the crime, it is a crime against the state, and every member of society must be aware of the horrific crime committed and the equal penalty meted out to the guilty. 
  4. Criminal law encompasses activities that are damaging to or risk a person's health or property.
  5. Criminal law, as opposed to civil law, is primarily concerned with punishment and vengeance.
  6. Criminal law acts are more serious than civil law acts because they produce damage and hurt to a person in ways that are frightening for society to imagine and live with.

Difference Between Civil Law and Criminal Law: Examples

The following table gives details about civil and criminal law examples-

Civil Law 

Criminal Law

Defamation, such as libel and slander, breach of contract, carelessness resulting in harm or death, and property damage are all examples of civil law.

Examples include stealing, drunken driving, murder, assault, and so forth.

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Difference Between Civil Law and Criminal Law: Features

The following table gives details about civil and criminal law features-

Civil Law 

Criminal Law

It is a discipline of law in which matters are heard in civil courts and tribunals.

The damages done to either party are settled by giving them a sum of money rather than imprisoning them.

They are a collection of codified laws that bind the parties concerned.

Because contract law is the most important part of civil law, it is heavily influenced by contractual duties.

Criminal cases are heard in criminal courts or sessions courts.

The harm done to a person is justified by punishing the perpetrator in the same way.

It establishes a public offense against the public interest, rather than a private responsibility.

It is a violation of public rights.

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Difference Between Civil Law and Criminal Law: Types

The following table gives details about civil and criminal law types-

Civil Law 

Criminal Law

Contract: A contract disagreement occurs when one party is unable to meet the terms and conditions of the contract. In such cases, the compensation sum is provided by the party who violated the contract.

Personal Crime: It is one that causes bodily or emotional harm to another person. The crimes might be violent or murderous in nature. Assault, domestic violence, abduction, and child abuse are examples of personal crimes.

Property: Property conflicts arise when a property is destroyed by another person or when the owner is physically harmed.

Property Crime: It may also cause bodily or mental harm to the property owner. Burglary, robbery, theft, and other property crimes are examples.

Family Relations: People who have family conflicts such as ownership, settlement, or divorce can use civil law to address their differences.

Financial Crimes: It includes fraud or theft committed with the goal of profiting financially. Financial crimes include things like fraud, theft, blackmail, and cybercrime.

Complaints Against a City: A complaint can be filed against the government or the city over a specific settlement. Once the complaint is filed, it is up to the court of law to determine whether the government or the city is obligated to pay the compensation.

Statutory Crime: It encompass the aforementioned offenses as well as the government's laws and guidelines. Statutory crimes include, for example, alcohol offenses, drug-related crimes, traffic crimes, financial crimes, and so on.

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Difference Between Civil Law and Criminal Law

The following table gives detalied difference between the civil law and criminal law-

Parameters

Civil Law

Criminal Law

Meaning 

Civil law is concerned with activities committed by persons in which the harm caused can be reimbursed by compensation or monetary remedy.

Criminal law deals with crimes that cause harm to people and are also crimes against society. The punishment for a crime is to imprison the perpetrator.

Liability 

It imposes a private liability on an individual or organization.

It exposes the preparer to culpability in the eyes of society and the victim.

Punishment 

In most circumstances, justice is served by awarding monetary compensation for damages.

Justice is served by imprisoning the accused or fining him or her.

Triable 

Civil law cases are heard in civil courts or comparable tribunals.

Criminal cases are heard in either the Criminal Court or the Sessions Court.

Objective 

The goal of civil law is to resolve disputes between individuals.

The goal of criminal law is to provide justice to the victim through punishment of the offender.

Procedural Law

Code of Civil Procedure, 1908

Code of Criminal Procedure, 1973

Gravity of Offences

Less serious than Criminal

More serious than Civil

Filing of the case 

In civil cases, the aggrieved party initiates the action.

The government files on behalf of the victim in criminal cases.

Registration 

In most civil cases, the case can be filed immediately with the court.

With criminal cases, the case must be recorded at the police station before it can be heard in court.

Infringement

Infringement against private property rights.

Public rights are being violated.

Branches 

Corporate law, family law, real estate law, media law, sports law, and so forth.

There will be no detour.

Examples of Acts

Negligence, invasion of privacy, trespassing, and so on.

Murder, rape, kidnapping, theft, and so forth.

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Key Takeaways

  1. Individuals' private rights are governed by civil law. To safeguard the public, criminal law governs individuals' behaviors.
  2. Civil litigation is a legal action taken by two or more people to resolve a civil disagreement. Criminal prosecution occurs when the government prosecutes a defendant in order to punish criminal behavior.

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Conclusion

The distinction between civil law  and criminal law is imprecise. Both are the most essential branches of law, and each has its own set of norms and rules. Strong legislation and procedural laws govern civil and criminal law. Civil law has mechanisms for resolving disputes, but criminal law contains mechanisms for revenge. Most of the law is covered by these two disciplines of law. People who want to pick among them can do so because they are all vital to our country's success. Civil law has more branches than criminal law. Civil law has various variations, including property law, corporate law, business law, and many more. Some branches of civil law, such as torts, are uncodified, whereas almost all laws and regulations under criminal law are codified, so each and every point that distinguishes both the law stands out and creates full-fledged machinery for our country to work and eliminate crime efficiently, whether in the offices or on the roads.

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Frequently Asked Questions

What are the four different categories of civil law?

Ans. Contracts, Property, Family Relations and Civil Wrongs inflicting bodily harm or property damage (tort).

Is the death sentence applied in civil law cases?

Ans. No, under civil law, the penalty includes compensation rather than death as a punishment.

What exactly is criminal law?

Ans. Criminal law is the body of law dealing with crime. It forbids behavior that is viewed as dangerous, hurtful, or otherwise hazardous to the property, health, safety, and moral welfare of others, including oneself.

What are the two key takeaways from the difference between civil law and criminal law?

Ans. Civil litigation is a legal action taken by two or more people to resolve a civil disagreement. Criminal prosecution occurs when the government prosecutes a defendant in order to punish criminal behavior.

What exactly do you mean by Tort Law?

Ans. Another major subject of civil law is tort law. Tort is a civil law subject to Common Law jurisdiction. It includes injury or damage inflicted by one person on another that results in legal liability for the one who caused the harm to the other party. The injured party may seek reimbursement from the person who committed the tortious conduct.

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