Question

Choose the correct option based on the statements given:
(1) In Civil law, the initiation of a case starts with the filing of a complaint by the aggrieved party against the wrongdoer, whereas in Criminal Law, the case is filed by the Government against the accused.
(2) Burden of proving the evidence in Civil Law lies on the plaintiff, whereas in Criminal Law it always lies on the State.

• A. Only (1) is true
• B. Only (2) is true
• C. Both (1) and (2) are true
• D. Both (1) and (2) are false

Hint:

Civil Law deals with disputes between individuals or organizations, while Criminal Law involves offenses against the state or society at large.

Answer 1

The Correct Option is C

Statement (1): In Civil Law, the aggrieved party (plaintiff) initiates legal proceedings against the wrongdoer (defendant). In Criminal Law, the government, also known as the State, prosecutes the accused on behalf of society. Therefore, Statement (1) is true.
Statement (2): In Civil Law, the burden of proof lies with the plaintiff (the person bringing the case), who must prove the case on a "preponderance of probability." In Criminal Law, the burden is on the State (prosecution) to prove the guilt of the accused "beyond a reasonable doubt." Thus, Statement (2) is also true.
Hence, both statements are correct.