Civil vs. Criminal Wrongs: Understanding the Difference

In the legal system, there are two main categories of wrongs: civil and criminal wrongs. These terms refer to different types of offences and have distinct characteristics. 

Civil Wrongs

Civil wrongs are considered less serious offences compared to criminal wrongs. They primarily deal with private rights and duties between individuals. When a civil wrong occurs, the affected individual, the plaintiff, is responsible for bringing legal action against the wrongdoer. This legal action is initiated through a civil suit.

Resolution of Civil Wrongs

In civil cases, the primary objective is to compensate the injured party for their harm. The plaintiff seeks damages, which are financial compensation for the losses incurred. Some examples of civil wrongs include nuisance, negligence, breach of contract, and defamation.

Criminal Wrongs

On the other hand, criminal wrongs are more serious offences involving offences against society. When a criminal wrong is committed, the state’s duty, represented by the prosecution, is to bring legal action against the wrongdoer. This legal action takes the form of a criminal prosecution.

Resolution of Criminal Wrongs

The primary purpose of criminal cases is to establish guilt and punish the wrongdoer. The prosecution presents evidence to prove the accused’s guilt beyond a reasonable doubt. The offender faces penalties such as imprisonment, fines, probation, or community service if found guilty. Some examples of criminal wrongs include murder, theft, assault, and drug trafficking.

Parties Involved

In civil wrongs, the parties involved are the plaintiff, the individual seeking compensation, and the defendant, the person accused of causing harm. The resolution of civil wrongs focuses on the rights and responsibilities of these individuals.

In criminal wrongs, the parties involved are the prosecution, representing the state, and the accused, charged with the crime. Criminal cases aim to hold the accused accountable for their actions and maintain social order.

Legal Proceedings

Civil suits resolve civil wrongs, where the plaintiff initiates legal action against the defendant by filing a complaint. The court considers the evidence presented by both parties and makes a judgment based on the balance of probabilities.

Criminal wrongs, on the other hand, involve criminal prosecutions. The prosecution presents evidence to establish the accused’s guilt beyond a reasonable doubt. A sentence is imposed if the jury or judge finds the accused guilty.

Here’s a table summarising the key differences between civil wrongs and criminal wrongs:

Civil WrongsCriminal Wrongs
SeverityLess seriousMore serious
FocusPrivate rightsOffences against society
PartiesPlaintiff and defendantProsecution and accused
Legal ActionCivil suitCriminal prosecution
ResolutionCompensation (damages)Punishment
ExamplesNuisance, NegligenceMurder, Theft

Conclusion

In summary, civil and criminal wrongs differ in severity, the parties involved, the legal proceedings, and the objectives of resolution. Civil wrongs primarily deal with private rights and are resolved through civil suits, focusing on compensating the injured party. Criminal wrongs involve offences against society and are settled through criminal prosecutions, aiming to establish guilt and impose punishment.


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Aishwarya Agrawal
Aishwarya Agrawal

Aishwarya is a gold medalist from Hidayatullah National Law University (2015-2020) and has over 9 years of experience in law. She has been mentoring law aspirants to help them secure admission to their dream colleges and universities.

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