THE CODE OF CIVIL PROCEDURE, 1908
A Classroom Companion for Judicial Services Examination
सिविल प्रक्रिया संहिता, 1908,न्यायिक सेवा परीक्षा हेतु कक्षा-आधारित अध्ययन पुस्तक
BEFORE WE OPEN THE BARE ACT
LECTURE–4-Civil Law and Criminal Law
दीवानी विधि और आपराधिक विधि में अंतर
"Every dispute is not a crime, and every wrong does not give rise to a civil suit."
"प्रत्येक विवाद अपराध नहीं होता और प्रत्येक गलत कार्य दीवानी वाद का विषय भी नहीं होता।"
Introduction | भूमिका
Before studying the Code of Civil Procedure, 1908, every law student must answer one fundamental question:
Why does the CPC apply only to Civil Courts?
The answer lies in understanding the distinction between Civil Law and Criminal Law.
Many beginners assume that every dispute can be taken to any Court. This misconception often creates confusion during the initial stages of legal education. In reality, the legal system classifies disputes into different categories, and each category is governed by a different branch of law and a different procedural code.
A dispute relating to ownership of property, recovery of money, partition of ancestral property, specific performance of a contract, divorce, succession, or injunction generally falls within the domain of Civil Law.
On the other hand, offences such as murder, theft, cheating, robbery, kidnapping, rape, or criminal breach of trust fall within the sphere of Criminal Law.
Understanding this distinction is the first step towards understanding the jurisdiction of Civil Courts and the scope of the Code of Civil Procedure.
3.1 What is Civil Law?
Civil Law is that branch of law which regulates the legal rights and obligations of individuals in their private relationships.
Its primary object is to protect private rights and provide appropriate civil remedies whenever those rights are violated.
In a civil dispute, the Court is generally not concerned with punishing a person. Instead, its objective is to determine the legal rights of the parties and grant suitable relief according to law.
The relief may include—
- Recovery of money
- Declaration of legal rights
- Recovery of possession
- Permanent or temporary injunction
- Specific performance of a contract
- Partition of property
- Damages or compensation
Thus, Civil Law is essentially remedial in nature.
3.2 What is Criminal Law?
Criminal Law deals with acts that are considered offences against society and the State.
When a person commits murder, theft, robbery, rape, or any other criminal offence, the injury is not confined merely to an individual victim. Such conduct disturbs public order and affects society as a whole.
For this reason, criminal proceedings are ordinarily prosecuted in the name of the State.
Unlike Civil Law, the primary object of Criminal Law is to punish the offender, protect society, and prevent future crimes.
Punishments may include—
- Imprisonment
- Fine
- Life imprisonment
- Death penalty (in exceptional cases)
- Other punishments prescribed by law
Thus, Criminal Law is primarily punitive in nature.
Flow Chart 3.1
Nature of Legal Wrongs
Legal Wrong │ ┌──────────────┴──────────────┐ │ │ ▼ ▼ Civil Wrong Criminal Wrong │ │ ▼ ▼ Civil Court Criminal Court │ │ ▼ ▼ Relief Punishment
3.3 A Simple Illustration
Suppose Ram lends ₹5,00,000 to Shyam under a valid agreement.
After the stipulated period, Shyam refuses to repay the amount.
Has Shyam committed a criminal offence?
Ordinarily, No.
The dispute concerns the enforcement of a contractual obligation. Ram may institute a civil suit for recovery of money before the competent Civil Court.
Now consider another situation.
Suppose Shyam enters Ram's house at night and steals ₹5,00,000.
This is no longer a civil dispute.
It is an offence punishable under Criminal Law.
The objective now is not merely to compensate Ram but also to punish Shyam for committing an offence against society.
These two illustrations clearly demonstrate that similar financial loss may give rise to entirely different legal consequences depending upon the nature of the wrongful act.
Civil Law vs Criminal Law
| Civil Law | Criminal Law |
|---|---|
| Protects private rights | Protects society and public order |
| Parties are Plaintiff and Defendant | Parties are State and Accused |
| Relief is granted | Punishment is imposed |
| Governed by CPC | Governed by Criminal Procedure |
| Standard of proof is generally Preponderance of Probabilities | Standard of proof is Beyond Reasonable Doubt |
Legal Insight
Not every wrongful act amounts to a crime.
Similarly, every crime does not necessarily result in a civil suit.
In some situations, the same act may give rise to both civil liability and criminal liability.
For example—
A person dishonestly issues a cheque knowing that sufficient funds are not available.
This may result in—
- Criminal prosecution under the relevant law; and
- A civil suit for recovery of the amount.
Thus, one wrongful act may attract different legal consequences under different branches of law.
Remember
Civil Law protects rights. Criminal Law protects society.
दीवानी विधि अधिकारों की रक्षा करती है, जबकि आपराधिक विधि समाज की रक्षा करती है।
Examination Insight
Frequently Asked in Judicial Services Examination
Q. Which procedural law governs the trial of civil disputes in India?
(a) Indian Penal Code
(b) Criminal Procedure Code
(c) Code of Civil Procedure, 1908
(d) Indian Evidence Act
Correct Answer: (c) Code of Civil Procedure, 1908
Chapter Summary
In this chapter, we have understood that not every legal dispute is of the same nature. Civil Law primarily deals with the protection and enforcement of private rights, whereas Criminal Law is concerned with offences that affect society as a whole. Consequently, Civil Courts and Criminal Courts perform different functions, follow different procedures, and grant different forms of relief.
This distinction explains why the Code of Civil Procedure, 1908 governs only civil proceedings and has no application to criminal trials.
Next Chapter
Now that we know which disputes are civil, the next logical question is—
What is a Civil Court?
दीवानी न्यायालय क्या है?
In the next chapter, we shall study the hierarchy, jurisdiction, powers, and functions of Civil Courts in India, which will serve as the foundation for understanding every provision of the Code of Civil Procedure.
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