Criminal Law vs Civil Law: What’s the Difference?

Criminal Law vs Civil Law

2025-05-04Anuj Anand Malik

Did you know? Over 390,000 people in India search monthly for answers on "criminal law vs civil law." Whether you're a student, a law enthusiast, or someone facing a legal issue, understanding the key differences between the two is crucial.

This guide breaks down criminal law vs civil law in India and globally, using real-life examples, court structures, and legal frameworks. Read on to understand when you need a criminal lawyer, a civil lawyer, or both — and how the Indian legal system treats each.

💡 Looking for legal help? Schedule a free consultation with our expert lawyers at AMA Legal Solutions today.

What is Criminal Law?

Criminal law deals with offenses against the state or society at large, even if the victim is an individual. It includes acts that are deemed harmful to the public such as murder, assault, theft, or fraud.

🔍 Examples of Criminal Law:

  • Theft: Stealing a motorbike from a parking lot.

  • Assault: Physically attacking someone in a public place.

  • Fraud: Creating fake identities to open bank accounts.

In India, criminal law is governed primarily by:

  • Indian Penal Code (IPC), 1860

  • Criminal Procedure Code (CrPC), 1973

  • Indian Evidence Act, 1872

As per NCRB (National Crime Records Bureau), India recorded over 4.6 million cognizable crimes under IPC and special laws in 2023 alone.

Criminal law ensures justice through punishment – be it fines, imprisonment, or both – aiming at deterrence, rehabilitation, or retribution.

What is Civil Law?

Civil law focuses on private disputes between individuals or organizations. It’s about resolving issues where someone’s rights are violated but not necessarily a threat to society.

🔍 Examples of Civil Law:

  • Property disputes: Two siblings fighting over ancestral land.

  • Contract breaches: A vendor fails to supply agreed goods.

  • Divorce or custody cases: One partner seeks separation or child custody.

In India, civil law is regulated mainly by:

  • Civil Procedure Code (CPC), 1908

  • Indian Contract Act, 1872

  • Transfer of Property Act, 1882

As per the reports, nearly 70% of pending cases in Indian courts are civil matters, primarily property and family disputes.

Civil law usually results in compensation or injunctions, not jail time.

What is the Difference Between Criminal Law and Civil Law?

Here’s a difference between criminal law and civil law:

Aspect

Criminal Law

Civil Law

  • Purpose

  • Punish offender

  • Compensate victim

  • Filed By

  • State/government

  • Private individual or entity

  • Defendant’s Role

  • Accused (Prosecution vs Defendant)

  • Defendant (Plaintiff vs Defendant)

  • Standard of Proof

  • Beyond a reasonable doubt

  • Preponderance of evidence

  • Result

  • Punishment (jail/fine/community service)

  • Compensation, injunction, or specific relief

  • Examples

  • Murder, theft, rape, assault

  • Divorce, contracts, land disputes, defamation

  • Applicable Laws in India

  • IPC, CrPC, NDPS Act, POCSO Act

  • CPC, Indian Contract Act, Hindu Marriage Act

Civil Court vs Criminal Court

Understanding the structure of courts also helps clarify criminal law vs civil law better.

🔹 Criminal Courts in India

  • Sessions Court

  • Judicial Magistrate Courts

  • Special Courts (CBI, NDPS, etc.)

  • Supreme Court for appeals

🔹 Civil Courts in India

  • District Civil Courts

  • Family Courts

  • Tribunals (Consumer Court, DRT)

  • High Courts and Supreme Court for constitutional remedies

🎥 Want to know how Indian courts work? Watch our Court System in India Explained video on YouTube.

Criminal and Civil Law in India

India uses a common law system, where precedents matter and codified statutes guide decisions.

📌 Criminal Law Framework

  • IPC (defines crimes and punishments)

  • CrPC (procedures and powers)

  • Evidence Act (rules for admissibility)

📌 Civil Law Framework

  • CPC (procedural law)

  • Contract Act, Property Act, Partnership Act (substantive laws)

💡Did you know? A single act can lead to both civil and criminal consequences. Example: Defamation can lead to jail under IPC and a compensation claim under tort law.

When should you contact a criminal or civil lawyer?

Call a Criminal Lawyer if you’re:

  • Accused of a crime

  • Facing arrest or FIR

  • Victim of serious physical or financial harm

Call a Civil Lawyer if you’re:

  • Fighting over money, property, or contract disputes

  • Seeking divorce or child custody

  • Suing someone or being sued

👉 Connect with AMA Legal Solutions to get the right legal expert for your case.

How Much Do Criminal and Civil Lawyers Make in India?

🎓 Salary Stats:

  • Entry-level Civil Lawyer: ₹3–5 LPA

  • Entry-level Criminal Lawyer: ₹4–6 LPA

  • Experienced Civil Lawyer: ₹8–15 LPA

  • Experienced Criminal Lawyer: ₹10–25 LPA (depending on city and success rate)

Top advocates, especially in High Courts and the Supreme Court, charge ₹2–10 lakh per appearance.

As per reports, Delhi and Mumbai lawyers earn 35% more on average than those in Tier-2 cities.

To Sum It Up

Understanding criminal law vs civil law can save you from choosing the wrong legal remedy or court. Civil law deals with private rights and remedies, while criminal law deals with public justice and punishment.

Knowing the difference is essential for:

  • Law students preparing for exams

  • Businesses managing disputes

  • Individuals navigating legal trouble

💼 Need help now? Book a free consultation or talk to our experts at AMA Legal Solutions in Gurugram.

Final Thought

Whether it’s understanding civil law vs criminal law in India or choosing the right court and lawyer, clarity is power. And now, you have it.

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*This blog is for informational purposes only and does not constitute legal advice. For personalized guidance, book a consultation call now!

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Anuj Anand Malik

Anuj Anand Malik

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Anuj Anand Malik, Founder of AMA Legal Solutions, is a trusted advocate, loan settlement expert, legal advisor, and banking lawyer. With over a decade of experience in loan settlement, corporate law, financial disputes, and compliance, he leads a result-driven law firm based in India that helps individuals, startups, and businesses achieve legal and financial stability.

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