3 Civil and Penal Liability

PointCivil liabilityPenal (criminal) liabilityEnforced byThe injured party (plaintiff)The State (prosecution)PurposeCompensate the victim; restore the rightPunish the offender; deter and denounceOutcomeDamages, injunction, specific restitutionImprisonment, fine, community serviceStandardUsually balance of probabilitiesGuilt beyond reasonable doubtConsent of victimCan be waived/settledGenerally cannot be compromised (private compromise limits of compoundable offences)Against whomThe defendant (or a party answerable for the defendant)The accused personally — punishment is not vicariousThe two can converge on one act: a careless driver faces prosecution and a compensation suit. Modern systems increasingly mix features — punitive damages (civil courts punishing), victim compensation in criminal procedure (Nepal's criminal justice framework provides for victim compensation alongside punishment) — but the conceptual line remains: civil liability looks backto the victim's right; penal liability looks to the public wrong.