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the state (or society), and so a criminal case is imprisonment and/or fine. If the judge so thinks,
filed by the state (the police). he can award some compensation to Mr. E out of
the amount of the fine imposed on Mr. B.
3. A civil case is tried under the civil law, while a
criminal case is tried under the criminal law. A criminal case against Mr. B can also be started
by any third person not directly concerned. Also,
4. It is the prerogative of an individual whether
the police too can file a criminal case against him
he should file a case in a civil wrong; but a
criminal case is filed by the state, and not an of its own accord.
individual. A criminal case can also be filed by On the other hand, if Mr. E so desires, he can file
a third person. a civil case in a competent court of law,
irrespective of the fact whether a criminal case has
5. A civil case is filed direct in the competent
court of law, while a criminal case starts with been initiated against Mr. B or not. In the civil
the filing of an FIR (First Information Report) case, he can demand the stopping of the nuisance
and, if he so desires, damages for the losses
with the police.
suffered by him. The judge will decide the case,
6. The punishment for both types of cases differs. and if he finds it suitable, can award damages to
In a civil case, the injured party may be Mr. E which Mr. B will have to pay to Mr. E. In
awarded a compensation, and imprisonment is this case, the judge will not award imprisonment;
seldom awarded; however, in a criminal case, however, Mr. B can be imprisoned only when he
the wrongdoer may be imprisoned and/or is not willing to stop the nuisance or pay the
fined. The court may give some compensation damages to Mr. E.
to the victim, but it is not necessary.
Supposing, either of Mr. B or Mr. E feels that
7. In a civil case, the parties may settle the case justice has not been done to him, he can go in
out of court, but it is not possible in a criminal appeal to a higher court of law.
case.
Just Think!
Let us understand the above distinction by way of
an illustration. One day, Mr. B connected the wires
of his fencing with live electricity so that no thief When you got up in the morning, you found that a
could enter his house. Accidentally, his neighbour, thief had stolen jewellery and money from your
Mr. E happened to touch the fencing and get a house at night. What can you do?
shock. He had to be admitted to a hospital for Rationale of the Process
treatment. Here, Mr. E is the injured party.
The process of appeal has been incorporated at
Info Bits different levels in order to strengthen the trust of
Info Bits
the people in the judiciary. A judge may commit
an error despite all types of precautions he takes,
When the public takes the law into its hands and
tries to punish the offender without letting the law or a party may feel dissatisfied with the
take its course is called vigilante justice or frontier judgement. In these cases, an appeal to the higher
justice. court of law begets an opportunity to the parties to
get justice. Of course, the system of appeal is a
Now, two types of cases can be filed in this long drawn process, but it is necessary because
case—the criminal case or the civil case, or both. justice should not only be given but also it should
If Mr. E wants to file a criminal case against Mr. B, be felt by the parties.
he will have to go to the police station or call the
police and file an FIR, in which he will state the Case Study
public nuisance that Mr. B caused and how he How the parties can knock at the court of a law for
was injured in it. In this case, if the case is proved justice and, if they are not satisfied with the
against Mr. B, he may be punished by judgement, how they can appeal against the
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