Reader's Digest: Are you interested in learning how legal battles work in our courts? Analyzing criminal versus civil cases will help you understand the different aspects of court cases. Continue reading to learn about the variances, the results, and the effects on society. 

This article will provide a comprehensive understanding of civil vs. criminal litigation in India, shedding light on their unique characteristics, procedures, and objectives. So let's begin exploring!

Apply For NEXTGEN Internship On Corporate Laws

What is Civil Litigation?

• Definition: Civil litigation refers to legal disputes between individuals, organizations, or entities in which one party, the plaintiff, seeks compensation or specific remedies against another party, the defendant. It is governed by various legal provisions and statutes, including the Indian Contract Act of 1872, the Code of Civil Procedure of 1908, and other specific laws.

• Parties Involved: The person who files a lawsuit is called the Plaintiff, and the person against whom the suit has been filed is the Defendant. Civil suits are guided by the Code of Civil Procedure, 1908, which prescribes how these cases should be handled.

• Types of Cases: Civil litigation encompasses a broad spectrum of cases, including contract disputes where parties fail to honour agreements, property disputes related to land or real estate, family law matters such as divorce and child custody, and personal injury claims arising from accidents or negligence. Each type of case is governed by specific statutes and provisions outlined in the Indian legal system.

• Objective: The primary goal of civil litigation is to offer a venue for resolving disputes and granting relief to the victim. The legal system grants both parties an opportunity to be heard and ensures that both parties are heard before the court of law.

• Bare Acts Utilized: In civil litigation, various Bare Acts and statutes are utilized, including the Indian Contract Act of 1872, the Code of Civil Procedure of 1908, the Transfer of Property Act of 1882, the Hindu Marriage Act of 1955, and the Consumer Protection Act of 2019. These acts are the foundational legal texts defining civil cases' rights, obligations, and procedures.

Don't Miss - How to Draft Legal Notice for Defamation?

What is Criminal Litigation?

• Definition: Criminal litigation refers to trying a criminal defendant in a court of law. Criminal Litigation in India deals with Criminal Law, which pertains to cases where the government, through the prosecution, charges an individual or entity with a crime. It is regulated by a set of legal provisions and statutes, primarily the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973, and specific legislation addressing different categories of crimes.

• Parties Involved: In criminal litigation, the key parties are the prosecution, representing the government's interests, and the defendant, accused of committing a crime. This is governed by the procedures outlined under the Code of Criminal Procedure, 1973.

• Types of Cases: Criminal litigation encompasses a wide range of offences, from theft and assault to more severe crimes such as murder, rape, financial fraud etc. Each type of crime is defined and classified under the Indian Penal Code, 1860, or other relevant statutes, with specific penalties and punishments as prescribed.

• Objective: The primary objective of criminal litigation is to uphold the rule of law and maintain social order by punishing individuals or entities that have violated the law. This is achieved through penalties such as fines, probation, community service, or imprisonment.

• Bare Acts Utilized: In criminal litigation, the majorly used Bare Act is the Indian Penal Code of 1860, which defines various criminal offences and their corresponding penalties. Additionally, the Code of Criminal Procedure, 1973, lays down the procedural aspects of criminal trials, including the investigation, arrest, trial, and appeals process.

• Specific laws, such as the Narcotic Drugs and Psychotropic Substances Act, 1985, or the Prevention of Corruption Act, 1988, are employed in cases related to drug offences or corruption. These Bare Acts serve as the cornerstone of the legal framework in criminal litigation, guiding the prosecution and defence in their respective roles.

Check Now - Best Contract Drafting Books 

Legal Framework

• Indian Legal System:

  • The Indian legal system provides the structure for handling civil and criminal cases.
  • It's important to understand that India's legal system is rooted in English common law, shaping our legal practices for many years.

• Constitutional Guidance:

  • The Constitution of India is like our rulebook. It contains the fundamental principles and rights guiding civil and criminal laws.
  • Think of it as the foundation upon which our legal system is built.

• Two Sides of the Coin:

  • Civil vs criminal litigation is like two sides of the same coin.
  • Both cases follow the rules and principles outlined in our legal framework.

Parties Involved

• Civil Litigation:

  • Plaintiff:  The plaintiff is the person who brings a case against another in a court of law.

  • The Plaintiff believes that wrongdoing has been done to them, and they want justice or compensation.

  • Defendant: The defendant is the person accused of committing an offence by the plaintiff.

  • They are supposed to respond to the allegations made by the plaintiff.

• Criminal Litigation:

  • Prosecution: In criminal cases, the government or state brings the charges against the individual.

  • Accused (Defendant): The accused person faces these charges.

  • Accused are supposed to defend themselves against the accusations made by the government prosecutor.

How to: Draft a Contract for Services

Burden of Proof In Civil Vs. Criminal Litigation

• In Civil Litigation:

  • The burden of proof in civil cases solely lies on the plaintiff.
  • They ought to prove their case by a preponderance of the evidence.

• In Criminal Litigation:

  • In criminal cases, the burden of proof lies wholly on the prosecution.
  • The prosecution must prove the defendant's guilt beyond a reasonable doubt.

Learn: How to Draft a Business Contract

Standard of Proof In Civil Vs. Criminal Litigation

• In Civil Litigation:

  • The standard of proof in civil cases is relatively lower.
  • It's based on a preponderance of the evidence.
    • This means the evidence should favour one party's argument more than the other.
  • Simply put, it's like tipping the scales of justice slightly in one direction.

• In Criminal Litigation:

  • The standard of proof in criminal cases is much higher.
  • It's beyond a reasonable doubt.
    • This is a tougher standard to meet.
  • The evidence must be compelling, leaving no reasonable doubt about the defendant's guilt.
  • Think of it as needing to be 100% sure that the defendant committed the crime.

Read More - How to Learn Contract Drafting?

Remedies and Penalties In Civil Vs. Criminal Litigation

• Civil Litigation:

  • Aim: It aims to provide remedies for civil and commercial issues.
  • Remedies: They are primarily designed to make victims whole or put them back in the position they would have been in but for the wrong that injured them.
    • Monetary Compensation: Compensatory damages represent the money awarded to a Plaintiff in a lawsuit.
    • Injunctions: Injunctions are an order by a court to one or more of the parties in a civil trial to refrain or not do something, or some specified act or acts
    • Specific Performance of a Contract: Sometimes, the court can direct someone to perform a specific act to complete the performance of the contract. 

• Criminal Litigation:

  • Aim: It's about punishing the wrongdoers for committing the crime against the law.
  • Penalties: These are punishments for breaking the rules.
    • Death Penalty: It is capital punishment in which the criminal is hanged to death, and it is granted only under the rarest of the rare cases. 
    • Life Imprisonment: Life imprisonment is categorised under categories, i.e. Rigorous & Simple.
    • Forfeiture of Property: Under this punishment, the government seizes all the property or assets of the convicted. The seized property or asset may be movable or immovable. Forfeiture of property as punishment is for offences under section 126 and section 127.
    • Solitary Confinement: In solitary confinement, the convict is kept isolated and away from any interaction in the world. It comes under Section 73 of the Indian Penal Code, 1860. 
    • Fine: It is a kind of monetary punishment. The convict must pay the fine as punishment for the offence. According to section 64 of the Indian Penal Code, if anyone fails to pay a fine, the court can issue orders for imprisonment.

Also Read - How to Practice Legal Drafting Like a Pro? 

Procedure

The procedures for civil vs. criminal litigation differ significantly. In civil cases, the process often begins with the plaintiff filing a complaint. The defendant then responds, and the case proceeds through discovery, settlement negotiations, trial (if necessary), and appeal if necessary.

In criminal cases, the process begins with the filing of charges by the prosecution. The accused is then arrested, and the case proceeds through various stages, including arraignment, bail, pre-trial motions, trial, and sentencing.

Role of Evidence

• Civil Litigation:

  • Purpose: Evidence is used to support what the plaintiff is saying or to defend against the claims.
  • Types of Evidence: This can be documents, people's statements, expert opinions, or any proof that helps prove or disprove the case.

• Criminal Litigation:

  • Purpose: Evidence is used to show whether the accused person is guilty.
  • Types of Evidence: It includes witnesses' testimonies, physical evidence (like a weapon), documents, or anything that helps the prosecution prove the accused's guilt or the defence establish doubt.

Learn: Draft a Contract of Sale

Timeframe

Another key difference is the timeframe. Civil cases tend to take longer to resolve than criminal cases. Due to complex procedures and extensive documentation, civil litigation can stretch over several months or even years.

Criminal cases, on the other hand, often move more swiftly. This is partly due to constitutional protections like the right to a speedy trial, which ensures that criminal cases are resolved within a reasonable timeframe.

Appeals and Appellate Courts

• Civil Appeals

  • If unsatisfied with the
  • judgment, you can appeal it to the higher court.
  • The higher court will check the fairness of the judgment.
  • This process is a chance to get a fresh look at your case.

• Criminal Appeals

  • In criminal cases, the right to appeal also exists. 
  • The appellate court will review the decision passed by the trial court.
  • They ensure the person's rights are protected and respected and the trial is fair.

• Civil vs. Criminal Litigation Appeals

  • Both cases are appealable. 
  • You can file a review or a revision if your rights are violated.
  • It's a remedy that ensures justice is done, no matter the type of case.

Read: What Is Business Law?

Key Differences Summarized

• Nature of Litigation

  • Civil litigation is about resolving problems between people or organizations.
  • Criminal litigation deals with crimes and aims to punish the wrongdoers.

• Objectives

  • Civil cases aim to solve disputes and provide solutions.
  • Criminal cases focus on punishing those who break the law.

• Procedures

  • Civil and criminal cases follow different rules and steps.
  • Civil cases are usually longer than criminal ones.

• Standards

  • In civil cases, a party seeking to prove a fact in the court must be satisfied to have that face legally established. 
  • In criminal cases, the crime must be proved beyond a reasonable doubt. 

• Penalties and Remedies

  • Civil cases result in remedies like compensation, injunctions & specific performance orders.
  • Criminal cases lead to penalties such as death penalty, imprisonment and fine.

• Appeals

  • Both allow you to file appeals to the higher court in case of dissatisfaction or violation.
  • Higher courts review to make sure justice is served.

• Summary

  • Civil and criminal litigation serve different purposes.
  • One aims to solve problems, while the other aims to punish.
  • The rules, standards, and timelines differ significantly between them.

Check Out: Alternative Careers for Law Graduates

Key Takeaways

1. Purpose Matters: Civil litigation seeks to resolve disputes and provide remedies, while criminal litigation punishes those who violate the law to maintain social order.

2. Burden and Standard of Proof: In civil cases, the burden of proof is on the plaintiff, with a lower standard, while in criminal cases, it's on the prosecution, with a much higher "beyond a reasonable doubt" standard.

3. Remedies vs. Penalties: Civil litigation offers remedies like compensation or injunctions, whereas criminal litigation leads to penalties such as fines, probation, or imprisonment.

4. Procedures Differ: The legal procedures, from filing to trial, vary significantly between civil and criminal cases.

5. Role of Evidence: Evidence plays a critical role in both types of cases, either to support claims in civil litigation or to establish guilt or innocence in criminal litigation.

6. Timeframe Variances: Civil cases can take months or years to resolve, while criminal cases often move more swiftly.

7. Appeals Possible: Both scenarios are appealable, allowing for a review of decisions by higher courts.