AUTHOR’S NAME: Manasa Raj Bethala
UNIVERSITY - Damodaram Sanjivayya National Law University
INTRODUCTION
Law is the bedrock of a society, guiding people on what’s acceptable and what’s not. Legislators craft these rules based on what the majority of the community needs. But why do we need law? It’s simple. They’re essential for a country to run smoothly, ensuring peace, safety and order. They protect individual rights, set standards for how we behave, deliver justice, and create a stable, predictable environment. Laws also help in managing and governing a nation effectively. There are different types of laws namely criminal law, civil law, constitutional law, labor law, tax law and many more.
WHAT IS CRIMINAL LAW?
Criminal law constitutes the legal domain focused on offenses that extend beyond individual victims, impacting the broader society. These offenses possess the capacity to not only harm singular individuals but also affect the collective community, potentially influencing public perceptions regarding the capacity for cruelty among individuals. The term “crimen,” from which ‘criminal’ originates, denotes ‘to charge.’ In Greek, it is recognized as “Krima,” a term analogous to the Sanskrit “Karma,” signifying ‘social order.’
WHAT IS CIVIL LAW?
Civil law is the area of law that handles civil matters. The Latin expression “civis,” which meaning “relating to a citizen” and “courteous,” is where the term “civil” originates. One can infer from the name’s etymology that this legislation deals with inconsistencies among private persons, groups, or organizations. Civil law only deals with non-criminal matters. In certain situations, an offense may be of both a civil and criminal nature, in which case the claimant will choose whether to punish the offending party or seek damages. Defamation, for instance, is both a civil and criminal offense. In this case, the victim of the defamation may pursue damages or face penalties under the criminal law. Lastly, in the civil laws the highest degree of punishment is specified compensation, which are fines to be paid for the damages caused.
DIFFERENCE BETWEEN CRIMINAL AND CIVIL LAW IN INDIA
Civil cases in India are conflicts involving two or more parties over specific facts and issues; the parties involved are the plaintiff and the defendant. The plaintiff may request damages from the court. Conversely, criminal cases involve breaking the law and occur when such actions or inactions have an impact on society as a whole. For instance, stealing, sexual assault, physical assault, and so on.
- BURDEN OF PROOF:
In civil cases, the burden of proof is “preponderance of the evidence,” while in criminal cases, it’s “beyond a reasonable doubt.” Civil cases require a higher likelihood of truth, while criminal cases demand near-certainty of guilt.
- PURPOSE OF THE LAW:
Criminal law exists to protect social order by identifying and punishing behaviors that are considered detrimental to the community. It seeks to rehabilitate criminals as well as punish offenders and discourage criminal activity. Civil law, on the other hand, settles disagreements between people or organizations. Rather than emphasizing punishment or rehabilitation, its main objective is to offer a process for settling disputes and compensating harmed parties through financial solutions particular performance, or injunctions.
- PARTIES INVOLVED:
The state or government, functioning as the prosecuting party, and the accused person, or defendant, are the parties engaged in criminal law. When taking legal action against someone who is accused of committing a crime, the state speaks for society as a whole. The government has filed charges against the defendant, who is deemed innocent until and unless proven guilty. The defendant is entitled to a fair trial, legal counsel, and the chance to refute the allegations. In civil law, on the other hand, the parties to the dispute are private persons, entities, or organizations. In this case, there is a plaintiff—the person bringing the lawsuit—and a defendant—the person being sued. In civil lawsuits, disputes between private parties are resolved, and complaints pertaining to contracts, property disputes, personal injuries, or other civil problems are sought after for compensation. Redressing injuries, obtaining recompense, or resolving conflicts without regard to criminal implications are the goals.
- TYPES OF PUNISHMENTS:
Civil law deals with private problems in which the aggrieved party is required to compensate the plaintiff for losses or damages after demonstrating their wrongdoing. Criminal law, on the other hand, defines the punishments for breaches falling within its jurisdiction and addresses a broader variety of infractions. If found guilty, the person may be subject to harsh punishments including jail time or fines. The state may use the death penalty as a method of punishment in extreme cases. In order to prevent criminal activity and preserve social order, this legal system establishes penalties for crimes that are deemed detrimental to society as a whole. The most severe punishment available in certain jurisdictions is the death sentence. Other penalties include imprisonment and fines.
CONCLUSION:
In India, criminal law handles societal crimes for punishment and social order, whereas civil law settles private disputes for compensation. Both are essential for maintaining social harmony and justice because they provide redress for civil disputes and punishments for criminal offenses.