Civil Liability VS Criminal Liability: What is the difference?

Civil Liability
A plaintiff can impose civil liability and demand compensation or damages from the defendant. Civil liability can be in two forms, the liability of duty and the liability of cost. It can be attracted by three kinds of cases. A breach of contract happens when one party fails to perform the terms of a contract. Torts include negligence and defamation, breach of statutory duty, fraud and discrimination. In class action cases one of the parties is a group of people represented collectively by one or more members of that group.

Criminal Liability
A victim imposes criminal liability against an accused. They seek imprisonment or penalty for the wrongdoer. To create criminal liability prosecution must establish the prohibited act and a guilty mind. There are four stages of a crime, criminal intention, preparation, attempt and commission of crime. Criminal Liability emerges when the crime reaches the stage which is above the level of preparation and the person has made an attempt to perform the act.

Here are some key differences between criminal and civil liability:
1. Civil liability arises when an accused commits civil offences like negligence, defamation etc. Criminal liability arises when an accused commits criminal offences like murder, sedition, theft, rape etc.
2. Civil liability follows the code of civil procedure 1908 while criminal liability follows the code of criminal procedure 1973

3. Civil liability can result in compensation or duty to perform something. Criminal liability can result in a fine or penalty, imprisonment or jail or both fine and imprisonment.

4. Civil cases are prosecuted by the aggrieved party while criminal cases are usually prosecuted by the government.

5. In civil cases, the standard of proof must reach balance of probability, which is less than complete certainty. In criminal cases, it must be proved that the defendant is guilty beyond all reasonable doubt and there is no other explanation that can come from the presented evidence.

Credits:
Video: Canva
Music: Mystic
Musician: Jeff Kaale