Civil vs. Criminal Proceedings in India: New Processes, Proofs and Outcomes under BNSS & CPC

With the BNSS replacing the Criminal Procedure Code, criminal litigation in India has

undergone significant procedural updates. But the basic distinction between civil and

criminal cases—still governed by CPC and BNSS respectively—is foundational for every

lawyer, business leader, and layperson.

***

### Civil Proceedings Explained

- **Scope:** Resolves private legal disputes—contracts, property, family law, etc.

- **Parties:** Plaintiff vs Defendant

- **Process:** File plaint → Summons → Written statement → Framing of issues → Evidence →

Arguments → Judgment → Decree → Execution

- **Burden of Proof:** Plaintiff must prove their case on a “balance of probabilities”

- **Evidence:** More accepting—documentary, witness, expert opinions

- **Outcome:** Compensation, injunction, declaration; enforced through decree

***

### Criminal Proceedings Explained

- **Scope:** Addresses conduct punishable by law—murder, theft, fraud, etc.

- **Parties:** State (represented by Public Prosecutor) vs Accused

- **Process:** FIR → Investigation → Chargesheet → Court cognizance → Charges framed →

Trial → Judgment → Sentencing

- **Burden of Proof:** State must prove guilt “beyond reasonable doubt”

- **Evidence:** Highly scrutinized—chain of custody, witness reliability,

forensic reports ***

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(caution : These articles cannot and should not be considered as a replacement of a professional legal advice as there are many intricacies that may not have mentioned here).