Civil liability is the
enforcement of the right of the plaintiff against the defendant in
civil proceedings. Criminal liability is the liability to be punished
in a criminal proceeding. A civil liability gives rise to a civil
proceedings whose purpose is the enforcement of certain rights
claimed by the plaintiff against the defendant. Examples of the civil
proceedings are action for the recovery of a debt. Restoration of
property , the specific performance of contract , recovery of
damages , the issuing of an injunction against the threatened
injury, etc. It is possible that the same wrong may give rise to both
civil and criminal proceeding. This is so in cases of assualt ,
defamation , theft and malicious injury to property. In such cases
the criminal proceeding are not alternative proceeding but concurrent
proceeding. Those are independent of the civil proceedings. The
wrongdoer may be punished by imprisonment. He may be ordered to
compansate to the injured party. The outcome of proceeding of civil
and criminal liability are generally different. In the case of civil
proceeding , the remedy is in the form of damages. A judgement for
the payment of a debt , an injunction , specific performance ,
delivery of possession of property, a decree of divorce. The redress
for criminal liability is in the form of punishment which may be in
the form of imprisonment, fine or death. In certain cases , the
remedy for both civil and criminal liability may be the same . In
certain cases , imprisonment may be awarded both in the cases of
civil and criminal liability . Even in a civil case, if a party dares
to defy an injunction , he can be imprisoned. Civil liability is
measured by the magnitude of the wrong done but while measuring
criminal liability we take into consideration the motive , intention,
character of the offender and the magnitude of the offence.
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