Fri. Sep 13th, 2024

1. According to Sir William Blackstone (An English Jurist, Judge and a Member of Parliament) civil law is the rule of civil conduct prescribed by the supreme power in a State that commands what is right and prohibits what is wrong. In simple words civil law is a part of country’s set of laws that are distinct and different from the criminal laws of that country  whereas criminal law exclusively relates and deals with crimes. E.g., the Indian Penal Code contains a list of crimes against the society.

 

2. The wrongs committed under the civil law are known as civil wrongs whereas the wrongs or offences committed under the criminal law are known as crimes.

  

3. Civil law usually deals with private wrongs i.e., infringement of civil rights of individuals whereas crime is a public wrong. Crime is a breach and violation of the public rights, obligations and duties. Crime is a wrong against the society at large.

 

4. In civil law it is the individual who institutes the proceedings whereas in criminal law it is the State which institutes the proceedings.

 

5. In civil law generally the wrong-doer has to compensate the injured party whereas under criminal law the wrong-doer is generally punished by the State.

 

6. The procedure under civil law and criminal law differs. In India we have the Civil Procedure Code, 1908 and the Criminal Procedure Code, 1973 which deal with the civil and criminal procedures.

 

7. In civil wrong the intention of the wrong-doer is not an important factor whereas in criminal law the intention of the wrong-doer plays a vital role in determining whether the person is guilty or not.

 

8. Civil law like Tort may not be codified but laws related to crimes have to be codified. 

 

Leave a Reply

Your email address will not be published. Required fields are marked *