LLB 5 years Define administration of justice Distinguished between civil and criminal justice

🏛️💼👥 Administration of Justice:
Introduction: Administration of justice is a fundamental function of the government. It ensures the protection of rights and the maintenance of order in society. The main objective is to give punishment to wrongdoers and provide compensation to the wronged. Justice is achieved through the application of physical force by the state.

Definition: "The administration of justice is meant the maintenance of rights of the political community by means of physical force of the state."

Reasons for Necessity: The need for administration of justice arises due to man's fighting nature, living in a social setting with conflicts of interest, the necessity to stop criminal activities, and the importance of justice for a stable and secure society.

Origin and Growth: The development of administration of justice is intertwined with the growth of human society. It evolved from individuals seeking revenge to the establishment of strong political states acting as judges and providing punishments against crimes.

Classification: Administration of justice is divided into two parts - civil and criminal justice.

1️⃣ Civil Justice:

Deals with civil proceedings.
Aims to enforce rights, including primary and secondary rights.
Focuses on compensating the wronged through damages and penalties.
2️⃣ Criminal Justice:

Deals with criminal proceedings.
Aims to punish wrongdoers and protect society.
Enforces criminal law, helps victims, and maintains law and order.
Distinction between Civil and Criminal Justice:

Administration: Different sets of forms and courts administer civil and criminal justice.
Object: Civil justice enforces rights, while criminal justice punishes criminals.
Dealing: Civil justice deals with private wrongs, while criminal justice deals with public wrongs (crimes against society).
Proceedings: Civil justice involves civil proceedings, and criminal justice involves criminal proceedings.
Parties: Civil cases involve private individuals as parties (plaintiff vs. defendant), while criminal cases involve the state as a party (state vs. accused).
Nature of Wrongs: Civil wrongs are less harmful, and criminal wrongs are more harmful.
Outcome: Civil cases result in judgments of damages, while criminal cases result in punishments.
Institution of Proceedings: In civil wrongs, the injured party can initiate civil proceedings, while in criminal wrongs, the state takes action against the wrongdoer.
🔚 Conclusion:
The administration of justice is a crucial aspect of any society. It aims to protect rights, maintain order, and ensure justice is served. The distinction between civil and criminal justice lies in their objectives, nature of wrongs, and the parties involved in the proceedings.
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