DIFFERENCE BETWEEN CIVIL

AND CRIMINAL LAW

 CIVIL LAW

• Civil law deals with disputes between private individuals and entities, where one’s behaviour causes a legal
injury to another and the victim demands compensation for the injury. For example – property disputes,
nuisance, consumer disputes.

• A civil litigation is initiated when a claimant (victim) files a civil ‘suit’ against a defendant for the violation of
the claimant’s legal right, demanding a remedy; and ends with the suit being allowed or dismissed.

• The burden of proof in civil proceedings rests on the plaintiff and the standard of proof is preponderance or
balance of probabilities.

• Penalties in civil proceedings are financial compensation or maintenance.

 CRIMINAL LAW

• Criminal law acts termed as ‘offences’ against the public or the State – even if the immediate victim is an individual
– as these acts are regarded to be so grave as to shock the very conscience of the society at large. For example –
murder, sexual assault, money laundering.

• A criminal litigation is initiated when the State files a case against a defendant for committing an offence, based on
an investigation conducted by the police and ends with either a conviction or acquittal of the defendant.

• The burden of proof in criminal proceedings rests on the State and the standard of proof is beyond reasonable doubt.

• Penalties in criminal proceedings are imprisonment and fine.