in India is there a code that defines civil offences the same way as there is indian penal code?

Question

There is 3 main laws regarding offences , Indian penal code , Code of Criminal procedure and Code of Civil procedure. the third law only describes civil procedure but doesn't define what laws count as civil laws , is there a code which deals with what laws are civil ?

Answer 1

India does not have a comprehensive civil code, although though the Indian constitution allows the government to enact one.

This is a product of two things.

First, India's law are in the common law tradition, so most law that would be discussed in a European or Asian or Latin American civil code would be found in case law precedents rather than a legislatively adopted statute.

Second, India has intentionally not sought uniformity in its laws of family law and inheritance, in which India instead has different laws for these areas depending upon the religion of the people involved. So, these parts of the civil law are codified, but only on a religion by religion basis. The concept of authorizing a uniform civil code was intended to permit the government to abolish these religious distinctions on matters of family law and inheritance, but this authority has not been utilized thus far.

Answer 2

The Civil Procedure Code, 1908 does have a definition of what constitutes as "civil law" although it is in the form of precedent applicable to Section 9.

Section 9

The jurisprudence under Section 9 of the CPC has helpful interpretations of the phrase "all suits of a civil nature" contained in Section 9, and judges often go into applying a definition of civil law, for instance, :-

• Most. Rev. P.M.A. Metropolitan and others, etc v. Moran Mar Marthoma and another etc. - in paragraph 28, adopts the definition given by Black's Law Dictionary to the words "civil", "proceeding" while stating civil law to simply be the antonym of criminal law.
• Sri Keshav Gupta Chhajju Singh vs Ghayur Ali Khan - In this case, the word civil proceeding was stated to imply it's ordinary meaning, whereas the dictionary definition of civil law was adopted as follows:- The word "civil," when used as an adjective to "law", has been defined in the Shorter Oxford Dictionary as "pertaining to the private rights and remedies of a citizen as distinguished from criminal, political etc."
• State Of Uttar Pradesh And Ors. vs Mukhtar Singh And Ors. - Where a judge expands on the definition of civil laws for the purposes of the section, stating the explanation by the jurist, John Austin - "By civil laws (says he), I understand the laws that men are therefore bound to observe, because they are members, not of this or that commonwealth in particular, but of a commonwealth. For the knowledge of particular laws belonged to them that profess the study of the laws of their several countries : but the knowledge of civil laws in general, to any man."

Thus, one can deduce that Indian courts while applying Section 9 have defined civil law to be in opposition to other branches of law, while there may be some commonalities in the proceedings in case of special enactments governing quasi-criminal matters as well as in writs such as quo warranto. Additionally, civil proceedings administer civil law that regulates the relationship between private right exercising individuals.

“Civil Rights” as Private Rights for the purposes of Section 9

Since courts have viewed Section 9's definition of civil proceedings to that which claims action against breach of a civil right, it is necessary to understand what is a civil right.

What the Indian courts calls “civil rights” are private rights in modern jurisprudence. Private rights under Indian law are those which are granted by common law or statutory law and governs the rights of persons in their private matters. The system of common law refers to that which is evolved from caselaw. This is the fundamental basis of the rights granted by the judicial system, say, in cases where there are tortious claims. Further, the maxim Ubi jus ibi remedium is instructive here.

Statutory laws also provide for civil rights, and may, optionally expressly bar the jurisdiction of the civil court under Section 9 of the CPC before whom every civil proceeding shall ordinarily lie.

---

TL;DR Hence, Indian courts consider civil law to be that which is :-

1. Not criminal or constitutional (although some writs are also the subject of civil proceedings);
2. Governs the relationship between private persons;
3. Grants a remedy against breach of a civil right.