Under Indian law civil and criminal cases are two different processes, civil cases being focused on private disputes such as contracts, matrimonial cases or property disputes whereas criminal cases deal with crimes against the whole society like rape, murder, theft and other serious and heinous crimes. One is governed by the Code of Civil Procedure, 1908 (CPC) while other is governed by Bharatiya Nyaya Sanhita, 2023 (BNS), Code of Criminal Procedure, 1973 (CrPC) and other criminal statutes. Let’s simplify the core distinctions between civil and criminal cases in Indian law so as to make the complex legal system a bit less daunting for you.
Purpose and Definitions
Civil Suit: A civil suit arises when there is a dispute between persons, bodies, or any institution concerning the legal rights and obligations due to one another. Such matters mostly do not contain the commission of a crime but deal instead with private rights and remedies. Some common examples are: property disputes, matters of breach of contract, dissolution of marriage, child custody battles, and claims for damages due to injury of some sort. The intention here is not to punish the defendant but rather to depersonalize the situation and possibly resolve it by means of alternate compensation or commands upon certain parties to act or abstain from certain acts. Civil jurisdiction, therefore, is governed by the Civil Procedure Code (CPC), 1908, which provides the procedural framework for filing suits and for the trial of civil cases.
Criminal Case: They however differ from civil cases which deals with matters of a private law nature, where criminal cases focus on acts that the law treats as offences against the State, which could also be acts committed against society as a whole. Examples such as Theft, Murder, Rape, Assault, and Fraud are acts that violate the same laws that protect public order and public safety, all those examples are criminal offences. There are 3 functions of criminal law, to punish the offender, to serve as a deterrent to the general public against committing unlawful acts, and maintain peace and security in the community. In a criminal case, prosecution is undertaken by the State, through the police and public prosecutor. In India criminal law is based on the Bharatiya Nyaya Sanhita, 2023 (previously Indian Penal Code, 1860), which defines the offences and prescribes the punishment, and the Criminal Procedure Code, 1973, which sets out procedures such as investigation, arrest, bail, trial and appeal.
While a civil case may seek to some degree, to restore the rights or property of an injured party, a criminal case aims to bring justice to the public by punishing the offender. This key distinction could impact the way proceeding takes place, who are the parties in the case, and what the outcomes might be. Understanding this distinction is important, as the type of case you have will impact where to bring the case, the specific court, and what type of legal representation you may require.
Key Differences between Civil and Criminal Cases
Although civil and criminal cases might share legal processes, courts, and representation, but they significantly differ in terms of purpose, parties, procedures, and their outcomes too.
Parties
The person making the civil case is called the plaintiff, while the person being sued is the defendant. For example, breach of contract or property dispute. Criminal cases are offences against the state. The government, represented by a public prosecutor, files the case against the accused person. Even if a private person was harmed, the state brings forth the prosecution.
Objective
The purpose of civil law is to resolve private disputes and enforce rights. The outcome will typically be compensation payments, injunctions, or specific performance. The purpose of criminal law is punishment and protecting the public order. The focus is on deterring unacceptable behaviors and retribution against the perpetrator. Punishments can include incarceration or fines or community service.
Standard of Proof
In civil cases, the decision is based on the preponderance of probabilities. This is to say, whichever side appears more likely to be right. Criminal cases require the prosecution to prove the case beyond reasonable doubt, because of the harm that can occur to a person if a conviction occurs.
Summary Table: Civil Cases vs Criminal Cases
| Aspect | Civil Case | Criminal Case |
|---|---|---|
| Parties Involved | Plaintiff vs Defendant | State (Prosecution) vs Accused |
| Nature of Wrong | Private wrong affecting individual rights | Public wrong affecting society at large |
| Objective | Resolve disputes, award compensation, enforce rights | Punish the offender, maintain law and order |
| Standard of Proof | Preponderance of probabilities | Beyond reasonable doubt |
| Starting Point | Filing of a plaint in a civil court | Filing of FIR followed by investigation and chargesheet |
| Governing Law | Civil Procedure Code (CPC), 1908 | Indian Penal Code (IPC), 1860 & Criminal Procedure Code (CrPC), 1973 |
| Outcome/Relief | Compensation, restitution, injunction | Punishment: imprisonment, fine, or both |
| Examples | Contract disputes, divorce, property claims | Murder, theft, assault, fraud |
| Legal Representation | Private lawyer (legal aid in some cases) | State-appointed public prosecutor; accused may also hire a defence lawyer |
| Appeals Process | District Court → High Court → Supreme Court | Magistrate/Sessions Court → High Court → Supreme Court |
Interrelation between Civil and Criminal Law
Even though civil and criminal cases serve different purposes and procedures, they can, on occasion, overlap. Notably, some actions can give rise to civil liability and criminal charges. For instance, if a person commits fraud, they could be subject to civil suit in a courtroom for recovery of money at the same time a criminal case could be initiated against them for cheating under Section 420 of the Indian Penal Code. In the event of defamation, while the aggrieved party may sue for damages in civil court, they may simultaneously file criminal proceedings against the individual under Section 499 of the IPC.
The Indian Justice system allows for concurrent civil and criminal cases; however, while there are parallels, the civil and criminal cases have different tracks. A finding of guilt in a civil case may not have any bearing on judgment of the related criminal case, nor will the judgment in a criminal case necessarily affect the civil case. For example, the fact that a defendant has been acquitted in a criminal trial does not affect the plaintiff’s ability to be successful in a parallel civil suit based on the same facts, as the standards of proof differ.
The existence of both civil and criminal processes allows justice to be dispensed at the individual and societal levels to ensure that the rights of the victim are restored through civil remedies, and that further deterrent punishment is imposed for future occurrences of similar wrongdoing through the criminal process.
Jurisdiction and Courts Handling the Cases
Civil and criminal cases are heard in different courts depending on what type of issue and the gravity of the issue. Civil cases will usually begin in the Munsiff Court or the Civil Judge (Junior Division or Senior Division) depending on the value of dispute. All civil case appeals can go to the District Court, High Court and then the Supreme Court. Criminal cases will generally start in a Magistrate’s Court or Sessions Court depending on the severity of the offence. Serious offences like murder are tried in Sessions Courts; and less serious offences are tried in a Magistrate’s Court by Judicial Magistrates.
How to know which type of Case yours Is?
Deciding whether your case is civil or criminal is dependent on the type of wrong which have occurred. If your issue involves personal loss, property disputes, breaches of contract, or family problems, your case is probably civil. On the other hand, if your issue involves harm to society, such as theft, assault, or cheating, your case is criminal. Sometimes situations occur that fit into both domestic violence is an example, which carries both criminal consequences and civil remedies, such as protection orders or divorce. The best way to be sure is to seek qualified legal advice from a lawyer, who can assist you based upon the facts and applicable law.
FAQs about Civil vs. Criminal Cases
Can a civil case become a criminal one?
Yes, when the facts support both a civil and a criminal action- for example, fraud or defamation.
Can one advocate handle both types of cases?
Some advocates have experience in both civil and criminal law, but it is best to ask a specialist, depending on the case you have.
What happens if I fail to appear at the hearings?
In civil cases, an ex-parte decree can be ordered by the court. In the criminal case, the court may issue a warrant or dismiss your bail if you fail to appear. Therefore, you should attend your hearings regularly.
matrimonial cases are civil or criminal?
Matrimonial cases generally fall under civil law (family law), mainly relating to divorce and custody matters, but sometimes they can involve criminal proceedings (domestic violence and fraud) as well.