What are the differences between Criminal Justice and Civil Justice?

There are several factors which demarcate the differences between the criminal and civil justice. The main points are given below:

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Criminal Justice

• All Criminal Wrongs are administered by Criminal Justice.
• Examples: Theft, murder, rape, forgery, etc.
• All crimes are public wrongs.
• Generally, all Criminal proceedings are instituted by the State.
• A crime is treated a harmful act to the entire society. Example: Murder, Killing a person primarily affects the deceased, but it badly affects on his family and also entire society. Therefore, all crimes are treated as injurious to the entire system.
• The object of the criminal justice is to ‘punish’ the wrong-doer, ranging from death to fine.
• Procedure: Criminal Justice is administered according to the set of Criminal Procedures.
• The doctrine of estoppel does not apply to criminal justice.
• “It is better that several guilty men should escape rather than one innocent should punished” is the function principle of English Criminal Law. The guilt must be proved beyond the doubt.
• The rules of evidence cannot re relaxed by consent of the parties.
• The cases once instituted cannot be compounded or withdrawn in the criminal justice. There are very few exceptions.
• The burden of proof lies on the prosecution. The guilt must be proved beyond the doubt.
• In the criminal cases, the obligation lies on the Court to bring all relevant evidence on the record so that justice is done.
• ‘Benefit of doubt’ is given to the accused in criminal justice.
• The criminal justice deals with remedial and breaches of duties. It is a corrective justice.
• Criminal courts administer the Criminal Justice.

Civil Justice

• All civil wrongs are administered by Civil Justice.
• Examples: Breach of contract, trespass to land etc.
• All civil wrongs are private wrongs.
• Generally, the aggrieved person institutes the civil proceedings
• Civil wrongs are deemed only to infringe the rights of the individual.
• The object of the civil justice is to provide ‘compensation’ to the aggrieved and suffer by wrong-doer.
• Procedure: Civil justice is administered according to the set of Civil Procedures.
• The doctrine of estoppel applies only civil justice.
• “It is better that several guilty men should escape rather than one innocent should punished.” This principle does not apply to civil proceedings.
• The rules of evidence may be relaxed by the consent of parties.
• The proceedings may be withdrawn by the parties with their own consent.
• The burden of proof lies on both the petitioner and the defendant.
• In the civil, it is the duty of the parties to place their case as they think best.
• ‘Benefit of doubt’ principle does not arise in civil justice.
• The civil justice deals with the distribution of wealth and honor. It is a distributive justice.
• Civil courts administer the civil justice.