CIVIL AND CRIMINAL LAW

 Civil Law is all that body of principles, decisions and enactments made,
passed, recognised or approved by the legally constituted authorities or
agencies in a State, for regulating rights, duties and liabilities between the
State and the citizens and also the citizens inter-se.
 It is enforced through the machinery of the judicial process for obedience
to the sovereign authorities in a State.
 Civil Law includes Constitutional Law and Administrative Law (Public
Law).
 Civil litigation usually involves some type of compensation for injuries or
damages as well as disposition of property.
 A civil case is filed by a private party.
 Criminal Law defines crimes/offences and prescribes punishment for
them. Its aim is the prevention of offences.
 Such law is thus, necessary for maintaining order and peace within the
State.
 A criminal case is filed by the Government (State) against the wrongdoer
(accused).
 The basic difference between the two laws lies in the object of each. The
object of civil law is the redress of wrongs by compelling compensation or
restitution, the wrongdoer is not punished; he only suffers so much harm
as is necessary to make good the wrong he has done. The person who has
suffered gets a definite benefit from the law, or at least he avoids a loss. On
the other hand, in the case of crimes, the main object of the law is to
punish the wrongdoer, to give him and others a strong inducement not to
commit same or similar crimes, to reform him if possible and perhaps to
satisfy the public sense that wrongdoing ought to meet with retribution.
 Civil law is a wrong against another private party. On the other hand,
crime is committed against the society at large.
 The aggrieved party who files a suit in the court of law is called “plaintiff”.
The opposite party is the “defendant”. Whereas, in a criminal trial, the
State is known as the “prosecution”.
 In criminal litigation, the burden of proof is always on the State. The State
must prove that the accused is guilty. He is assumed to be innocent unless
proved guilty. In civil litigation, the burden of proof is initially on the
plaintiff. However, there are a number of technical situations in which the
burden shifts to the defendant.