Q. Explain, in detail, the various types of law. Distinguish between civil and criminal law.

(2018PYQ)

Or

Define civil and criminal law. Distinguish between civil and criminal law. (2021 Held in 2022)

Ans: Introduction: Law is an instrument which regulates human conduct or behaviour. Law means
statutes, Acts, Rules, Regulations, Orders, and Ordinances from the point view of legislature. Law
also means Rules of court, Decrees, judgement, Orders of courts and injunctions from the point of
view of judges. The term law has been derived from the Latin term legam which means the body
of rules.

Definitions of law

According to Salmond the law may be defined as body of principles, recognised and applied by
the state in the administration of justice.

Law can be classified into various categories ----------

• Public and Private Law;

• Civil Law and Criminal Law;
• Substantive and Procedural Law;
• Municipal and International Law.
Apart from these we also have Common Laws and Statutory Laws. These above-mentioned laws
cover a huge variety of acts and legislations under them thus enabling India to have so many
different laws from which we are going to focus on Civil & Criminal laws, and their differences.

Public Law
Public law refers to the part of the law that handles relationships between legal entities, like
individuals and the government. It also deals with interactions among different parts of a country’s
institutions, including different branches of the government. Additionally, public law covers
relationships that directly affect society. It’s about how the government functions and is
accountable.
This type of law sets the rules for how a country is organised and how it operates. It also defines
how the government interacts with its citizens. When we say ‘public,’ we mean the state itself or
parts of it that have authority, as well as individuals or bodies that have been given power by the
state.
Public law can be divided into specific categories:
Constitutional Law: Constitutional Law determines the nature of the state and how the government
is structured. It’s the highest form of law, above all other laws. It outlines how the three branches
of government function. Regular laws get their importance from constitutional law.
Administrative Law: Administrative Law allows the creation of public regulatory agencies. It
covers laws, court decisions and rules related to these agencies. These laws are made by
administrative agencies to define how they can use their powers and fulfil their duties through
rules, regulations, orders and decisions.
Criminal Law: Criminal Law defines what counts as a criminal offence, regulates how crimes are
recognised, and establishes charges and trials for suspects and sets out the ways punishment and
treatment are applied to convicted offenders. Its main goal is to prevent crime and penalise
wrongdoers.
Private Law
Private Law is the branch of law that deals with legal relationships and disputes between
individuals, organisations or entities that are not of significant public concern. It governs the
interactions and obligations of private parties, such as individuals, businesses and organisations,
in their personal and business affairs.
Private law encompasses a wide range of legal matters, including contracts, property ownership,
torts (civil wrongs like negligence or defamation), family law (such as marriage, divorce and child
custody), inheritance and more. Its focus is on resolving conflicts and ensuring fairness in private
matters between individuals and entities.
In contrast to Public Law, which governs relationships between individuals and the government or
matters of public interest, Private Law is primarily concerned with the rights, duties and liabilities
that individuals and entities have toward each other in their private interactions.

Substantive Law
Substantive law is the set of laws that outlines the original rights and responsibilities of individuals.
It can come from common law, statutes or a constitution. For instance, a legal claim related to
breach of contract, negligence or fraud is considered a substantive right under common law. This
law essentially defines the rules that determine the rights and duties of both individuals and groups.

Procedural Law
Procedural law is the set of legal rules that establish how substantive law is developed, upheld and
used, especially within a courtroom. Procedural law deals with the specific processes that guide
the progression of a case. It outlines the methods through which substantive laws are enforced and
applied. In essence, procedural laws lay down the guidelines for ensuring that substantive laws are
followed correctly.

Municipal Law refers to the laws of a specific nation, the laws that apply within a country’s
borders. It’s the internal law that governs the people who are part of that country.
Municipal Law handles things like how individuals relate to each other within the country and how
the country’s government interacts with its citizens. The government approves these laws. It’s
usually limited to the country’s territory.
Civil Law
Civil law refers to the legal area that deals with actions that cause harm to an individual or a private
party, like a company. Examples of civil law cases include instances of defamation, breaking
contracts, negligence that results in harm or death and causing damage to property. In civil law
cases, individuals (called plaintiffs) start the legal process by filing suits.
Typically, a judge makes the decisions. Penalties in civil law cases usually involve monetary
compensation and never imprisonment. The plaintiff needs to prove the defendant’s responsibility
based on the “preponderance of evidence,” which means showing it’s more likely than not.
Defendants in civil cases don’t have the same legal protections as those accused of crimes.
Criminal Law
Criminal law involves actions that are considered crimes against the public, society or the state,
even if an individual is the immediate victim. Examples include murder, assault, theft and driving
under the influence. In criminal law, the focus is on protecting public interests. This includes
punishing and rehabilitating offenders while safeguarding society.
The government assigns the police and prosecutors to enforce criminal law. Public funds cover
these services. If you’re a crime victim, you report it to the police, who investigate and find
suspects. Generally, if there’s a proper charge with evidence, the government, not the person who
reported the incident, brings the case to court.

Difference between Civil Law and Criminal law

S.no Parameters Civil Law Criminal Law

Civil law deals with acts Criminal law deals with a crime that
related to individuals to causes damage to a person which is an
h Meaning which harm caused can be offence against society as well. The
repaid by compensation or relief of crime committed is to charge
monetary relief. the person with Imprisonment.

It creates a private liability

It creates a liability for the preparator
l Liability against an individual or an
against society and the victim.
organisation.

Justice is given by providing Justice is given by providing the

Punishment monetary relief against the accused imprisonment for a term or fine
damages in most cases. or both.
 Cases under Civil law are Cases under Criminal law are tried
t Triable triable under Civil Court or under Criminal Court or Sessions
equivalent tribunals. Court.

Objective of Civil law is Objective of Criminal law is providing

Objective dispute resolution between justice to the victim by punishing the
Individuals accused.

Procedural Code of Civil Procedure, The Bharatiya Nagarik Suraksha

Law 1908 Sanhita, 2023

Gravity of
g Less grave than Criminal More grave than Civil
offences

Filing of the In Civil Cases the aggrieved In Criminal Cases, the government files
case party files the case on behalf of the victim

Normally in Civil Cases, the In Criminal Cases, the case needs to be

s Registration case can be directly filed to registered in the police office before the
the Court. court directly

Infringement of private
Infringement Infringement of public rights
rights

Corporate law, Family law,

Branches Property law, Media law, No diversion as such
Sports law etc.

Examples of Negligence, Invasion of

. Murder, Rape, Kidnapping, theft etc.
Acts privacy, Trespass etc.

Conclusion
There is an indeterminate difference between Civil and Criminal law. Both being the most
important branches of law have their own unique sets of regulations and rules. Civil and Criminal
laws are regulated by strong legislation and procedural laws. Civil law has dispute resolution
machinery whereas Criminal law has retribution machinery. These two branches of law cover most
parts of the law. People willing to choose between them can choose any as they are very important
for the effective working for our country. Branches of Civil law are more varied than Criminal
law. Civil law has many diversions as we observed, it contains Property law, corporate law,
Business Law and many more. Some branches of Civil law are uncodified such as torts but under
Criminal law almost all the laws and regulations are codified, so each and every point which
distinguishes both the law stands out and creates full-fledged machinery for our country to work
and eliminate crime efficiently, whether it’s in the offices or roads.