Difference Between Civil and Criminal Proceedings

It would be strange to say that, you can get your remedy in a blink of an eye. Rather in every justice system, there is a whole process by which you can get remedy.

In Pakistan, in civil cases, the Code of Civil Procedure 1908 is applied and in Criminal cases, Code of Criminal Procedure 1898 is applied. this is one of the differences between civil and criminal proceedings. Some other points are as under

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Difference Between Civil and Criminal Proceedings

Civil Proceeding

When there is a violation of a private wrong, the civil proceeding will be initiated in a civil court under the provisions of the code of civil procedure. There are two parties in a civil proceeding, plaintiff, and defendant. The remedy will be either:

  1. Enforcement of right
  2. Something equal to that such as damages

If enforcement of right is not possible. For example; there is a contract and specific performance is not possible than damages should be given. The plaint must be submitted by the plaintiff only.

Criminal Proceeding

When a public right is violated than criminal proceedings will be initiated in a criminal court under the provisions of criminal procedure code. Neither compensation nor the enforcement of right is the remedy, the only relief is to punish the offender.

Read Also: What Is The Nature Of Provisions In The Criminal Procedure Code 1898

The objective of the criminal court is different from that of civil courts. This is the main difference between civil and criminal proceedings.

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M. Mateen
I'm a professional practicing Lawer at Rawalpindi District Courts of Pakistan. I graduated from the International Islamic University of Islamabad in the faculty of Shria (LLB). Right now I am a student of LLM/M.Phil in Corporate Law.

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