Civil Law and Criminal Law

Laws are a set of rules that are created by a particular country to regulate the actions of its citizens, through governmental and social institutions. In India, the Constitution of India lays certain laws that abide the citizens of the country and legislate their actions. If it provides us with various rights and freedoms, it is possible that those can be violated by the nationals as well. Therefore, to lay down peace and harmony in the country, the government has laid down certain types of laws like civil law, criminal law, common law, and statutory law. 

What is Civil law? 

Civil Law refers to the laws that are designed for helping the citizens of the country in their personal affairs like ownership, property and marriage. Any subjective consequence of the citizens is abided by the civil law of the country. Notably, this one doesn’t count in the cases related to criminal offences. 

This is the section of the law that deals with clearing out the disputes that have occurred between the individuals and the organisation. Apart from the above-mentioned affairs, it also covers other aspects as well, like the right to education, property disputes, defamation, ownership issues, insurance claims, Copyright, and custody of the children. 

What is Criminal Law? 

Criminal law pertains to the laws that encompass aspects related to crime and dismiss the personal issues of the citizens. These types of laws are derived and enforced on the citizens by the police of the state or a particular area. 

Offenses that not only mistreat the sentiments of the citizens but also the people around them are covered under the division of Criminal law. The offenses covered under criminal law include robbery, theft, trafficking in controlled substances, assault and murder. 

Difference between Civil Law and Criminal Law

Definition

Civil Law refers to the laws that are designed for helping the citizens of the country in their personal affairs like ownership, property and marriage. 

On the other hand, Criminal law pertains to the laws that encompass aspects related to crime and dismiss the personal issues of the citizens.

Burden of Proof 

In the case of Civil Law, the burden of creating proof before the law lies on the head of the complainant and then the defendant who can refute what has been provided as proved by the complainant. 

On the other hand, in the case of the criminal law, the burden of creating proof lies with the state or the government who needs to prove that the defendant is guilty and further punishment is given to the defendant if he is proved guilty under the rule of law. 

Types of Punishment

Civil Law covers aspects of personal affairs where the guilty one needs to compensate for the injuries or the damages done by the guilty one to the plaintiff if proven guilty. 

On the other hand, Criminal Law lays down various punishments for the aspects covered under the criminal law. If proven guilty, the defendant is punished with either imprisonment or fines. Also, in certain cases, the state can give the death sanction to the guilty. 

Case documenting party 

In the case of civil law, it is the private party that files the case in the court of law. On the other hand, in the case of criminal law, it is the state or the government that files a case against the defendant, who has to defend himself.

In addition, the decision for the civil law doesn’t have to be unanimous, while on the other hand, the decision of the criminal law has to be unanimous. 

Purpose of the law

The purpose of civil law enforcement is to protect the rights of the citizens of the country, make sure that nothing wrong happens to them, and provide compensation for the wrong that has been done. 

On the other hand, the purpose of the criminal law is to take care of the criminal offences and punish those who have been proved guilty for that. Thus, the maintenance of law and order in society is the sole aim of the law. 

Examples 

Aspects covered under civil law are contracts, physical injury, family relation cases, right to education, property disputes, defamation, ownership issues, insurance claims, Copyright, and custody of the children. 

On the other hand, criminal law covers and deals with criminal offenses like robbery, theft, trafficking in controlled substances, assault and murder. 

Conclusion

With the help of these laws, the citizens of the country can sleep peacefully without any kind of anxiety or uncertainty. The law of the country has been serving its citizens to the fullest and punishing those that are considered guilty under the eyes of the law. Every country has varied laws and regulations made for its citizens. All the types of law are needed together, side by side for the smooth functioning of the nation.