The distinction between civil and criminal proceedings

THE DISTINCTION BETWEEN CIVIL AND CRIMINAL PROCEEDINGS 

As a general rule, the rules and regulations of evidence which are framed under the Indian evidence act, 1872, the statute, are the same in civil and criminal proceedings. But there are some differences between civil and criminal proceedings.

Most of the provisions of the Indian evidence act, 1872 apply to both the civil and criminal proceedings. There are a few provisions applicable only to civil proceedings and similarly a few sections applicable only to the criminal proceedings. For recording evidence, the general rules are applicable to both the civil and criminal proceedings.

However, the framers imposed more liability of burden of proof on the prosecution to prove the guilt of the accused. Thus the burden of proof is more on the prosecution to prove the guilt beyond any reasonable doubts in the criminal proceedings.

In a criminal trial the degree of proof required is stricter than what is required in a civil proceeding. In a criminal trial however intriguing may be facts and circumstances of the case, the charges made against the accused must be proved beyond all reasonable doubts and the requirement of proof cannot lie in the realm of surmises and conjectures.

The doctrine of estoppels applies only to civil proceedings, where as the doctrine of estoppels does not apply to criminal proceedings.

Sections 24 to 30 and incompetence of parties as witnesses are not applicable to civil, where as sections from 24 to 30 and incompetence of parties witnesses are applicable to criminal proceedings only.

“It is better that several guilty men should escape rather than that one innocent should suffer” is the foundation principle of the English criminal law. The same principle is adopted in the Indian law. The criminal courts always observe to get higher degree of evidence to the conclusion. The guilt must be proved beyond  all reasonable doubt, where as this principle does not apply to civil proceedings.

The rule of evidence may be relaxed by the consent of the parties, where as the rules of evidence cannot be relaxed by the consent of the parties.

The burden of proof lies on the petitioner and also on the defendant and it often shifts from one party to another party, whereas in criminal proceedings with a few exceptions the burden of proof lies on the prosecution.

In the civil proceedings, it is the duty of the parties to place their case as they think best, whereas 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 not given in civil proceedings, whereas benefit of doubt is given to the accused.