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Can the victim file both civil and criminal cases?

Can the victim file both civil and criminal cases?

11-Jun-2025

Domestic Violence

Answer By law4u team

Yes, the victim can file both civil and criminal cases for the same act if it involves both a civil wrong and a criminal offence. Explanation: Criminal case: Filed to punish the offender for violating the law (e.g., assault, theft, or medical negligence as criminal offence). The State usually prosecutes, but the victim can file a complaint or First Information Report (FIR). Civil case: Filed to seek compensation or remedies for harm or loss suffered (e.g., damages for injury, compensation for medical negligence). The victim sues the offender directly. Examples: In a medical negligence case, the victim may file a criminal complaint for causing hurt or rash and negligent conduct, and civil suit for compensation. In a domestic violence case, criminal charges may be filed under IPC sections, while a civil petition under the Domestic Violence Act seeks protection orders or maintenance. Important: The civil and criminal proceedings are independent of each other; pursuing one does not prevent filing the other. Summary: A victim can simultaneously or separately file civil and criminal cases arising from the same facts to seek both punishment and compensation.

Answer By Ayantika Mondal

Dear Client, Yes, a victim may institute both civil and criminal cases for the same offense since they have different legal objectives and are administered by different branches of law.Civil law concerns the enforcement of rights and the issuance of compensation, whereas criminal law concerns crimes against the State and focuses on punishing the offender. For example, if someone is attacked, the victim may file a criminal complaint against the attacker under the appropriate sections of the Indian Penal Code (IPC) to trigger criminal proceedings. The goal of the criminal case is to hold the criminal guilty and punish them, possibly in prison or by a fine, depending on the magnitude of the crime.The State prosecutes the case, and the victim typically becomes a complainant or witness. Meanwhile, the victim may also bring a civil action for damages for the injury or loss caused by the assault.This action is collateral to the criminal action and is brought to obtain money damages or some special remedy, such as an injunction or restitution.The function of the civil court is to determine the rights and obligations between the parties. Suing on both the grounds does not qualify as double jeopardy because that doctrine, provided under Article 20(2) of the Constitution, strictly pertains to being tried and penalized twice or more for a single offence in criminal law. As civil and criminal remedies run on different parameters and have different aims—compensation under civil law and punishment under criminal law—both can coexist. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Alok Verma

PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 The Act ensures woman’s right to reside in her matrimonial home. This Act has a special feature with specific provisions under law which provides protection to a woman to „live in violence free home. Though this Act has civil and criminal provisions, a woman victim can get immediate civil remedies within 60 days. Aggrieved women can file cases under this Act against any male adult perpetrator who is in domestic relationship with her. They can also include other relatives of the husband and male partner as respondents to seek remedies in their case. Salient features of the Act: Ensures Right to Residence under sec 17. Ensures economic relief by recognising economic violence. Recognises verbal and emotional violence. Provides temporary custody of child. Judgements within 60 days of filing of the case. Multiple Judgements in a single case. Cases can be filed under PWDV Act even if other cases are pending between parties. Both petitioner and respondent can prefer Appeal. THE FOLLOWING REMEDIES ARE AVAILABLE UNDER THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 Section 18 -- Protection Order Section 19 -- Residence Order for residing at Matrimonial House Section 20 -- Monetary Orders which includes maintenance for herself and her Children Section 21 -- Temporary Custody of Children Section 22 -- Compensation order for the damages caused to her PROTECTION OFFICERS Under the Domestic Violence Act, 2005, Protection Officers have been appointed by the Government to help the aggrieved woman in filing the case against her husband or against any male adult person who has committed domestic violence and who is in domestic relationship with the petitioner. The Protection Officer facilitates the women to approach the court by providing legal aid and get appropriate relief from the courts concerned. Further, they execute the orders of the Court wherever necessary with the help of police. Options are also available to the aggrieved person to file the petition before the Judicial Magistrate Court or with the service provider or in the nearby police station. SERVICE PROVIDERS Under the Protection of Women from Domestic Violence Act, 2005, service Providers are the members from notified Non Governmental Organizations They co-ordinate with all the stakeholders in getting justice and relief to the victims of domestic violence. The Service Providers help the aggrieved women in filing the Domestic Incident Report, provide accommodation in the short stay homes along with their children, counsel them and help the aggrieved to get medical treatment if necessary. They also impart them with vocational training to help them secure employment and sustainable income.