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Expert Criminal Lawyer In Gurgaon On Civil And Criminal Cases In India
A person can be booked under civil or criminal cases in India. However, the objectives, legal deadlines, and the level of evidence required differentiate these two cases from each other. Before exploring the prominent differences between these two, it is essential to understand the nature of civil and criminal cases.
What are Civil Cases?
In civil law, a petitioner requests the court to settle a civil dispute. This dispute can be regarding inheritance, mutual contract, civil liability, divorce, child custody, or any other family dispute. Some examples of civil cases are as follow:
● A builder fails to provide amenities as per his commitment.
● A government organization refuses to relieve employees after resignation.
In all civil cases, if a petitioner believes that their rights have been denied by a person or organization in question, they can file a case under civil law in India.
What are Criminal Cases?
In criminal cases, the government is the petitioner that sues the accused on behalf of the victim. Cases like assault, murder, rape, molestation, theft, robbery, forgery, ...
... etc. are covered under the scope of criminal law.
Key Differences Between Civil and Criminal Cases
● In civil cases, the plaintiff is the person who files the lawsuit and seeks compensation for damages they have suffered. The defendant is the person who is accused of causing the damages. Here, the responsibility of evidence submission lies on plaintiff. To prove the allegation, plaintiff must submit the prove to confirm role of abused. If the plaintiff is successful, they may be awarded damages, which can include money, property, or an injunction.
● In criminal cases, the prosecution is the party that files the charges against the defendant. The prosecution must prove their case beyond a reasonable doubt, which means that it is highly probable that the defendant committed the crime. If the prosecution is successful, the defendant may be found guilty and sentenced to a punishment, such as imprisonment, probation, or a fine.
Here are the key differences between civil and criminal cases:
Feature - Civil Cases
Purpose - Compensation to the plaintiff for damages/ loss they have suffered
Who files the case? - The plaintiff
Burden of proof - Preponderance of the evidence
Possible outcomes - Damages, injunction
Feature - Criminal Cases
Purpose - To punish the defendant for committing a crime
Who files the case? - The prosecution
Burden of proof - Beyond a reasonable doubt
Possible outcomes - Punishment, such as imprisonment or a fine
We hope you will find the above information helpful. If you are also facing any legal trouble and want to have the opinion of an expert criminal lawyer in Gurgaon, please schedule an appointment with VR Associates Law Firm. Our team of criminal lawyers is well-versed with the technicalities of criminal law in India.
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