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    Friday, 20 October 2017

    Criminal Law and difference between civil and Criminal Law

    1. Criminal Law
    Criminal Law may be defined as that body of law, whether dealing with mala prohibit or mala in se, the infraction of which is a crime or an offence punishable by a criminal proceeding.

    The law, in general, is a preservative instinct of the individual and of the race. The functions of criminal law are as follows;

    i Preservation of life
    ii. Protection of individual property
    ii) Protection of state and country.
    iv. Exigencies of good government.
    (v) Maintenance of public tranquility and peace.
    (vi) Upkeep of morality and culture.


    Civil Law and Criminal. Law are two entirely different systems of law. They are different from each other on the following main points;

    (i) Nature of Rights Infringed:
    Civil Law relates to private rights of private persons. While criminal law relates to public rights of the public.

    Who Decides to Bring the Action?
    In civil cases; it is for the victim to decide whether or not to bring suit. No state authority can force the victim to do so. In criminal cases, on the other hand, the decision to proceed is made by the state in its various guises. The police will, decide whether to arrest or caution the offender, or to take no action.

    (iii) Title of the case
    In Civil Law, the parties are known as 'Plaintiff Defendant'. In Criminal Law, the parties are known a State Versus Accused'.

    iv. Difference in Procedure
    In civil law the Code of Civil Procedure is applied while  in Criminal Law the Code of Criminal Procedure is applied.

    v. Remedies As Sanctions
    In Civil Law, the person whose right is violated is compensated and is granted damages. In Criminal Law, the person whose right is violated gets no damages rather the accused is sometimes sent to jail.

    vi) Damages
    The person breaking Civil Law has to pay damages: On the other hand, the person who commits a crime is punished by jail sentence, and the person whose right is violated gets no damages.

    (vii) Time Limitation
    In Civil Law, the right to file a suit is extinguished after specified time. In Criminal Law, the right to initiate criminal case is never extinguished.

    (viii) Discontinuation OF Proceedings
    In Civil Law, plaintiff may discontinue the proceedings at any time but in criminal law this is allowed only in compoundable offences and with the permission of court.


    Crimes are often against the state, the state takes the initiative in prosecuting criminals; the State is in theory always responsible for conducting prosecution and criminal proceedings are conducted in the name of the state.
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