Difference

Civil wrong vs criminal wrong

Distinction between civil wrong and criminal wrong as has been succinctly held by this Court in Devendra v. State of U.P., (2009) 7 SCC 495, relevant part thereof is reproduced herein below:

A distinction must be made between a civil wrong and a criminal wrong. When dispute between the parties constitute only a civil wrong and not a criminal wrong, the courts would not permit a person to be harassed although no case for taking cognizance of the offence has been made out.

In fact, all these questions have been elaborately discussed by this Court in the most oft quoted judgment reported in, (1992) 1 Suppl. SCC 335 State of Haryana v. Bhajan Lal, where seven cardinal principles have been carved out before cognizance of offences, said to have been committed, by the accused is taken. The case in hand unfortunately does not fall in that category where cognizance of the offence could have been taken by the court, at least after having gone through the F.I.R., which discloses only a civil dispute.

Categories: Difference

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