Tuesday, May 5, 2020
Difference Between Civil And Criminal Wrongs
Question: Write about theDifference Between Civil And Criminal Wrongs. Answer: Introduction Before distinguishing between civil and criminal wrongs we need to understand what does the two terms connote. Civil wrong in simple terms is defined as a misconduct wherein an individual who has suffered injury files a suit against the individual who has committed such a wrongdoing. For example, torts, breach of terms of a contractual agreement or breaking of trust of an individual all construe under the term civil wrongs. Criminal wrongs are activities whose consequences are very fatal. Crime leading to violation of public duty is also categorized as criminal wrongs. For example, robbery, murder, smuggling all construe as criminal acts under the law. As per law the two terms are different in the following manner: A wrong is conferred to be criminal in nature if it affects the entire society whereas if the wrongdoing has affected a particular person or a group of related people then the same is said to be in private interest thus construed as a civil wrong. The criminal wrongs attract wither a death sentence or a life time imprisonment or a heavy penalty. But in civil wrongs the plaintiff if wins the case generally is compensated for the losses he has suffered(Tandon, 2013). As per S.135 of the Evidence Act, the burden is on the prosecution to proof to the court of law about the case very strongly. However in civil wrongs, S.134 of the Evidence Act, both the parties to the case have to prove their point of view and the one whose evidences are stronger wins the case. The judgements spelt out in criminal wrongs are by default enforceable by the court of law whereas in case of civil wrongs the plaintiff has to get a writ of fa (Olamide, 2016). References: Olamide, O., (2016), Distinction between Criminal and Civil Wrong, Available at https://www.djetlawyer.com/distinction-criminal-civil-wrongs/ (Accessed 20th October 2016) Tandon, R., (2013), Difference between Crime and Other Wrongs at Common Law, Available at https://lex-warrier.in/2013/09/difference-crime-and-wrongs/ (Accessed 20th October 2016)
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