Difference between Civil Law and Criminal Law, Key Points

Q: What is the basic difference between Civil Law and Criminal Law?

The major difference between Civil Law and Criminal Law is that Civil law deals with private disputes while criminal law handles offences against society.

Q: The Criminal Cases in India are governed through which law?

The Criminal Cases in India are governed through the The Bharatiya Nagarik Suraksha Sanhita, 2023 along with the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Sakshya Adhiniyam (BSA).

Q: Who are the two parties in the Criminal Law?

The two parties are: Plaintiff vs. Defendant, here Plaintiff is the State and the Defendant is the accused.

Q: What are the remedies available for Civil Law?

The Civil Law usually deals with the restoration of the harm by the means of compensation, injunctions, restitution, mediation and specific performances.

Q: Who files a criminal case under Criminal Law?

In Criminal Law usually the State prosecutes the Accused through public prosecutors. It can also be filed by an individual and initiate the process through the Police or Magistrate directly, who then acts upon it.

Table of Contents☰

The difference between Civil Law and Criminal Law is based on the nature and characteristic of the cases involved. These Laws form the fundamental feature of the Indian Legal System, functioning by separate procedures and aspects. These are governed by the BNS, BNSS, BSA and CPC for Civil and Criminal Law respectively.

Difference between Civil Law and Criminal Law

The key difference between Civil Law and Criminal Law can be studied as mentioned below:

Difference between Civil Law and Criminal Law
Aspect	Civil Law	Criminal Law
Meaning	It deals with the disputes between individuals, organizations, institutions, etc.	It deals with the acts that threaten the society, state or public order, etc.
Purpose	The main purposes include protection of rights, providing remedies and maintaining private relationships.	The purpose remains to prevent crime, punish offenders and maintain public order and security.
Cases	Examples of cases include: property disputes, breach of contract, matrimonial cases, service matters, nuisance, etc.	Example of cases include: theft, homicide, sexual abuse, kidnapping, murder and other offences that affect the society/ state.
Governing Laws	It is governed by the Code of Civil Procedure (CPC) 1908 along with the special legislations such as Contract Act 1872, Family laws, Property laws	It is mainly governed by the Bharatiya Nagarik Suraksha Sanhita, 2023, BNS and BSA after replacement in 2023. BNS 2023: define offence and punishments BNSS 2023: provides procedures for investigation, arrest, trial, bail, sentence, etc. BSA 2023: evaluate the evidence and related guidelines
Parties Involved	In civil cases, the two parties are: Plaintiff vs. Defendant.	In criminal cases, the two parties are: State (Plaintiff) vs. Accused (Defendant).
Burden of Proof	In civil cases, the Plaintiff is responsible for the burden of proof	In criminal cases, the State is responsible for the burden of proof, governing under the BSA 2023 rules.
Trial	The civil cases are tried under Civil Courts or equivalent tribunals.	The criminal cases are triable under Criminal Courts.
Procedure	The process is flexible and resolution driven. In this generally ADR (alternate dispute resolution) mechanism is used.	The process under criminal law is complex and includes mandatory registration of FIR. Although BSA 2023 strengthens the evidence validity through regulations. It has a faster investigation timeline, i.e, filing a chargesheet within 90 days extending up to 180 days based on severity.
Outcomes	The outcomes are usually meant to restore the harm by compensation, arbitration or mediation based settlements.	The outcomes include punishment such as imprisonment with or without fine; sealing of property, community services, or conviction, etc. depending on the level of extremity.
Appeal	In civil law there is a multiple appeal system from District Court to High Court and Supreme Court.	In criminal law, the appeals are usually based on the severity of the conviction.

Difference between Civil Law and Criminal Law UPSC

The difference between Civil Law and Criminal Law can be seen in the scope, impact and proceeding patterns. As per the National Judicial Data Grid about 4.6 crore cases are still pending at the lower courts out of them majority are expected to be criminal in nature. This shows heavier Criminal litigation. Around 66% of the nationwide Civil Cases are filed for disputes related to property and land related matters. Signifies need for a strict and faster resolution based system.

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