Prelims – Current events of national and international importance| Indian Polity & Governance.
Why in News?
Recently, the Supreme Court has twice intervened in instances in which High Courts allowed criminal proceedings to continue in what were essentially civil disputes.
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Category |
Civil case |
Criminal case |
|
Purpose |
It is designed to resolve disputes between private individuals or organisations. |
To punish the offender and deter others from committing similar crimes. |
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Involved Parties
|
The person who files the case is called the plaintiff, and the person against whom it is filed is the defendant. |
The state, represented by a prosecutor, initiates criminal proceedings against the accused. |
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Types of Disputes |
Civil cases, known as suits, involve disagreements over the rights and duties of the parties to the case towards each other. |
It is considered an offence against the individual, the state, or society as a whole. |
|
Remedies / Punishment |
To provide a remedy, in the form of monetary compensation called damages or a specific action ordered by the court to a party to do or not to do something, called an injunction. |
People found guilty are punished with simple imprisonment, a fine, rigorous punishment, a life sentence or death. |
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Example of cases |
It deals with property disputes, contract breaches, family law matters like divorce and child custody, and cases for the recovery of money. |
It deals with Offences like theft, cheating, assault and murder fall under criminal law. |
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Burden of proof |
The plaintiff must prove their case on a “Preponderance of Probabilities”, which means their fact is more likely to be true than the defendant’s. |
The prosecution must prove the accused is guilty beyond a reasonable doubt because it reflects serious consequences of criminal conviction, which involve the loss of liberty. |
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Overlapping |
Some actions may involve both civil and criminal elements, such as breach of contract with fraudulent intent. |
Criminal proceedings require clear evidence of criminal intent; otherwise, the matter should remain civil, as emphasised by the Supreme Court. |
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Data from the National Judicial Data Grid (NJDG) |
Only 37.91% of civil suits were resolved within a year. |
70.17% of criminal trials in district courts across India were disposed of within a year. |
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Cause of Delay |
Civil matters are often delayed due to parties seeking out-of-court settlements or delays in issuing summons and notices. |
Criminal cases are treated with more urgency due to the stakes involving life and liberty. |
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Related Laws |
The Code of Civil Procedure 1908, Indian Contract Act, 1872, Transfer of Property Act, 1882. |
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA), etc. |
Reference
The Indian Express| Civil Case vs Criminal Case.
Related News – Criminal Law reforms | Revised Criminal Reform Bill
