Difference between Civil and Criminal Procedural Law | Legal Aspect of Business and Technology

Difference between Civil and Criminal Procedural Law
Legal Aspect of Business and Technology
BBA
Management Notes

 

S. No. Civil Procedural Law Criminal Procedural Law
1. Civil Procedure applies to the process where two parties bring a case to the court for a decision on a particular matter. Criminal Procedure applies to the process where the state or federal government is arresting someone for a crime that was committed.
2. The main objective of civil procedure is efficiency as the rules of civil procedure are designed to make the process efficient and smooth and prevent long trials where they are not needed. The main objective of criminal procedural law is constitutional protection as the rules of criminal procedure are designed to protect an accused person’s constitutional rights and prevent the government from wrongfully or unfairly accusing and prosecuting someone for a crime.
3.  The parties involved in civil procedure are Plaintiff versus defendant. The parties involved in criminal procedure are crown attorney versus accused.
4. In civil procedure , a guilty defendant is punished by some penalties. In criminal law, a guilty defendant is punished by either incarceration in a jail or prison,fine to government or death penalties.
5. In civil Procedure , the burden of proof is initially on plaintiff.However there are a number of technical situations in which the burden shifts to the defendant. In criminal procedure, the burden of proof is always on the state. The state must prove that the defendant is guilty.

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