NIOS Class 12 Introduction to Law Chapter 10 Civil and Criminal Law

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NIOS Class 12 Introduction to Law Chapter 10 Civil and Criminal Law

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Civil and Criminal Law

Chapter: 10

Module – 3 Classification of Law

INTEXT QUESTIONS 10.1

1. Define Civil Law.

Ans: Civil Law is nothing but Law of the State or the Law of the Land. It is the area of Laws and Justice which affect individuals’s legal status. Civil Law not only deals with the disputes between private parties, but also with the negligent acts of the individuals that cause harm to other.

The objective of Civil Law is to rectify the wrongs or to settle the disputes in an amicable manner rather than in a stringent way.

2. Define the term ‘Constributory Negligence’.

Ans: The ‘Contributory Negligence’ means such negligence to which the ‘Plaintiff and also the ‘defendant’ contribute. The ‘Plaintiff’ and the ‘defendant’ are both responsible for such negligence

INTEXT QUESTIONS 10.2

1. Define Criminal Law.

Ans: Criminal Law is defined as “a body of Rules that defines the conduct prohibited by the state for being harmful to public safety and welfare and also prescribes punishment to be imposed for the commission of such acts. “Criminal Law refers to the body of Laws which deals with crimes and their consequences

2. Define the ‘principle of Joint Liability’.

Ans: The general ‘Principle of Joint Liability’ is that a person who commits an offence is to be held guilty and is punished accordingly. But there are certain offences for which a person is made jointly liable with others for some reasons.

INTEXT QUESTIONS 10.3

1. Mention different Theories of Punishment.

Ans: The various theories of punishment are:

(i) Deterrent Theory.

(ii) Preventive Theory.

(iii) Retributive Theory.

(iv) Reformative Theory.

2. Explain ‘Preventive Theory’ of punishment.

Ans: As per the Preventive Theory, punishment is given to the offender with a view to prevent the repetition of the offence by the offender by such punishments as imprisonment or death sentence.

INTEXT QUESTIONS 10.4

1. What do you mean by Legal Rights and Duties? Is there any correlation between the two?

Ans: Legal Rights are the interests recognized and protected by Law. An interest becomes a right if it obtains legal protection as well as legal recognition. Legal Rights are the interests, the violation of which amounts to moral wrong. Respect for the legal rights of others is the legal duty of an individual. When somebody violates his legal duty towards others, he is punishable by law. Yes, there is always a correlation between legal right and legal duty. Because when somebody has a legal right, that means all others in this world have the corresponding duty to obey that right otherwise law will take its own recourse against the wrongdoer.

2. Which of the following is ‘true’ and why?

(i) Violation of a Legal Right without any actual loss to the plaintiff is actionable.

(ii) Loss suffered by the plaintiff without any violation of his legal right is actionable.

Ans: Of the Two Questions, (i) is true and (ii) is false. Because for taking a successful action, the only thing which has to be proved is that the plaintiff’s legal right has been violated, whether any actual loss has been caused or not, that is immaterial.

3. Which of the following rights are covered under the Civil Law?

(i) Rights of a person under a Contract.

(ii) Voting rights.

(iii) Right of a woman to get ‘Maintenance’ on ‘Divorce’.

Ans: All these three rights are covered under Civil Law.

INTEXT QUESTIONS 10.5

1. What are the basic differences between Civil Law and Criminal Law?

Ans: Civil Law mostly regulates the private rights of individuals, organizations etc., which are of less serious nature and for which the punishment is given in terms of compensation, whereas Criminal Law protects the interests of the public against the acts of the wrongdoer of more serious nature and for this the offender is to be punished with imprisonment or with fine or both

2. Which among the following cases are covered under Civil Law and which under Criminal Law?

(i) Property dispute between two brothers.

Ans: Civil Law.

(ii) ‘Kidnapping’ of a 15 years old girl.

Ans: Criminal Law.

(iii) Violation of a contractual term by one of the parties.

Ans: Civil Law.

(iv) ‘Murder’ committed by a person.

Ans: Criminal Law.

3. What is the importance of mental element in Criminal Law?

Ans: ‘Mental Element’ is the most important factor in commission of a crime. Unless a crime is committed with guilty intention, it is not punishable.

TERMINAL EXERCISES

1. What do you mean by legal rights? What action can you take for violation of any of your legal rights?

Ans: A Legal Right is an interest recognized and protected by law. An interest becomes a right only when it obtains a sanction behind it.

Following four elements are the main components of a Legal Right:-

(i) The person in whom the right is vested is the owner of that right.

(ii) The person against whom this right exists, has the corresponding duties.

(iii) The act or forbearance which the person is entitled to get.

(iv) The subject matter of the right.

2. Civil Law includes less serious offences than Criminal Law. Discuss.

Ans: Civil Law deals with disputes between individuals or organizations and is considered to include less serious offences than Criminal Law. It focuses on protecting private rights and providing remedies like compensation or injunctions rather than punishment. For example, cases related to property disputes, breach of contract, or family matters such as divorce come under Civil Law. These offences are private in nature and do not harm society as a whole.

On the other hand, Criminal Law deals with serious offences such as theft, murder, rape, or fraud that affect public peace and safety. These crimes are considered offences against the State, and the main aim of Criminal Law is to punish the guilty and maintain law and order.

Thus, Civil Law resolves personal conflicts, while Criminal Law punishes public wrongs — making Civil Law less serious in nature than Criminal Law.

3. Briefly enumerate the law that deals with contractual obligations.

Ans: The law that deals with contractual obligations in India is the Indian Contract Act, 1872. This Act lays down the legal framework for making and enforcing contracts. It defines what constitutes a valid contract and specifies the rights and duties of the parties involved.

The Act covers:

(i) Offer and Acceptance: how an agreement becomes a contract.

(ii) Consideration: something of value exchanged between the parties.

(iii) Capacity to Contract: who is legally competent to contract.

(iv) Free Consent – consent must not be obtained by force or fraud.

(v) Legality of Object: the purpose of the contract must be lawful.

(vi) Breach and Remedies: actions to be taken when a contract is broken.

4. All ‘Torts’ are ‘civil wrongs’ but all ‘civil wrongs’ are not ‘Torts’. Explain.

Ans: All torts are civil wrongs, but all civil wrongs are not torts because tort law is only one part of civil law.

A tort is a civil wrong in which one person’s act or omission causes harm to another person’s body, property, or reputation, and the law provides compensation. For example, negligence, defamation, or trespass are torts. The main aim is to compensate the injured party, not to punish the wrongdoer.

However, there are other types of civil wrongs—such as breach of contract, property disputes, or family matters—which do not fall under the law of torts because they are governed by other specific laws like the Indian Contract Act or Hindu Marriage Act.

Thus, every tort is a civil wrong since it involves private injury, but not every civil wrong is a tort, as some belong to other branches of civil law.

5. Explain the importance of the maxim “Actus non facit reum nisi mens sit rea” under Criminal Law.

Ans: The legal maxim “Actus non facit reum nisi mens sit rea” means “an act does not make a person guilty unless the mind is also guilty.”

This principle is a foundation of Criminal Law. It emphasizes that for a person to be convicted of a crime, two essential elements must exist:

(i) Actus Reus (Guilty Act): The physical act or unlawful conduct.

(ii) Mens Rea (Guilty Mind): The intention, knowledge, or recklessness behind the act.

Both must occur together — a criminal act done with a guilty mind. If a person commits an act by accident or without wrongful intention, they cannot be held criminally liable.

The maxim is important because it ensures fairness and justice, preventing punishment of innocent acts done without criminal intent. It protects individuals from wrongful conviction.

6. Discuss the various Theories of punishment.

Ans: Theories of punishment explain the purpose and justification behind punishing offenders.

The main theories are as follows:

(i) Deterrent Theory: Deterrent theory of punishment is commensurate with the gravity or serious nature of the offence. As per this theory, punishment is given to an accused who has been found guilty of committing an offence with a view to warn other criminals that the same type of punishment will be given to them if they commit the same type of offences. The object of such punishment is to deter people from committing crimes. Severe punishment is given to persons committing serious offences. This theory of punishment is not very successful as most crimes are committed on the spur of the moment. For example, imposition of capital punishment on a person.

(ii) Preventive Theory: As per the preventive theory, punishment is given to the offender with a view to prevent the repetition of the offence by the offender by such punishments as imprisonment or death sentence. For example, punishment for restraint of child marriage.

(iii) Retributive theory: This type of punishment is based on the principle of retribution, i.e. life for life, eye for eye, tooth for tooth etc. it is a sort of barbaric punishment. Such type of punishment does not cure the disease scientifically and deals with criminality without studying causes of criminal tendencies or crimes.

(iv) Reformative theory: This theory aims at reforming the criminals so that they may be prevented from committing crimes again. Their attitude towards life is changed gradually and scientifically and they are gradually transformed into persons acceptable to the society. For example, the treatment of the juvenile offenders in the child care homes. The commission of a crime consists of four stages- Intention, Preparation, Attempt, and Commission. A person can only be convicted if he or she has gone through all these four stages.

7. Read the following statements; identify the correct ones and rewrite the incorrect ones after making necessary corrections:

(i) Where there is a right, there is a remedy.

Ans: Correct.

(ii) Civil Law deals with public rights.

Ans: Incorrect.

(iii) Under Criminal Law, punishment is given in terms of compensation.

Ans: Incorrect.

(iv) Capital punishment or death sentence is given in case of rarest of the rare crimes.

Ans: Correct.

(v) Litigations relating to property disputes are dealt under Criminal Law.

Ans: Incorrect.

(vi) In Civil Law, the case is filed by the Government against the accused.