Many people differentiate between Criminal law and Civil law on the basis of reliefs available to the sufferer i.e. Punishment in criminal law and remedies under the civil Law. This is technically incorrect, because there are certain offences for which only monetary compensation has been given. With Punishment, fine is also imposed on the offender and sometimes with forfeiture of property which is also a concept under civil law of India.
Definition of Criminal Law and Civil Law
Criminal Law can be defined as the law which deals offences and their punishments while Civil Law is the law which deals with Legal dispute between private parties, related to their rights and liabilities.
The Myth of Civil and Criminal Rights
There is no such thing as Criminal Rights. Rights are always Civil Rights. When rights are violated than two types of liabilities arise i.e. Civil liability and Criminal Liability. There is no concept of Criminal Rights under any law only Criminal liability is there.
Types of Punishments under Indian Penal Laws
There are five theories of punishments on which criminal justice system of a nation rests. They are:-
- Deterrence Theory: Punishment which aims at the Creation of fear in the mind of people so as to deter them from committing future crimes.
- Retributive Theory: also called as the revenge theory for its barbaric and brutal nature. It works on the principle of ‘Tooth for a tooth’ and ‘an eye for an eye’.
- Preventive Theory: Prevention of commission of crime by keeping offender away from the society.
- Reformative Theory: Treat or reform the behavior of the criminals by various processes such as rehabilitation.
- Expiatory Theory: Aims that if the criminal expiates or repents, he must be forgiven
Indian Penal Laws are a mixture of all these theories.
According to Sec. 53 of the IPC, There are five types of punishment for which offenders are liable
- Death also called as the Capital punishment
- Imprisonment for life
- Imprisonment, which is of two descriptions (1) Rigorous, that is with hard labour and (2) Simple imprisonment
- Forfeiture of property
Types of remedies available under Civil law in India
- Damages, also called as Compensation
- Specific performance, of the terms and conditions
- Injunctions, temporary or permanent stay
- Restitution, restoration of the circumstances or comdition
- Account of profits