NEWS

• In August 2025, the Supreme Court (SC) twice stepped in where High Courts (HCs) allowed criminal proceedings in civil disputes.
• Case 1 (Rajasthan HC): SC set aside an order denying pre-arrest bail in a plywood payment dispute. The Bench held: “No criminal breach of trust arises from a sale transaction.”
• Case 2 (Allahabad HC): A judge allowed criminal proceedings in a business transaction dispute. SC called it a “mockery of justice” and briefly barred him from hearing criminal cases. The directive was later withdrawn.

HIGHLIGHTS

Civil vs. Criminal Law: Key Distinctions

• Civil Law: Resolves disputes between individuals/organisations. Aim: remedy, not punishment. Outcomes include damages (monetary compensation) or injunctions (specific orders).
  • Examples: property disputes, breach of contract, divorce, custody.
  • Parties: Plaintiff vs. Defendant.
  • Burden of Proof: Preponderance of probabilities.
• Criminal Law: Deals with offences against the state/society. Aim: punishment and deterrence.
  • Examples: theft, cheating, assault, murder.
  • Parties: State (prosecutor) vs. Accused.
  • Burden of Proof: Beyond reasonable doubt.

Overlap of Civil & Criminal Proceedings

• Some disputes can trigger both civil and criminal action (e.g., breach of contract + cheating).
• SC clarified: criminal intent must exist prior to a business transaction to justify parallel proceedings.

Timelines & Judicial Data

• Civil cases often take longer. NJDG (Aug 2025) data:
  • Criminal trials disposed within a year: 70.17%
  • Civil suits resolved within a year: 37.91%
• Average durations:
  • Civil suits: 4.91 years
  • Execution petitions: 3.97 years
  • Criminal sessions cases: 4.65 years
  • Magisterial cases: 2.45 years
  • Bail applications: 6.12 months

Expert Views

• Delays in civil cases often due to preliminary stages (notices/summons) and out-of-court settlement attempts.
• Tracking case timelines is complex as appeals reset the count.