2023 SCMR 1292
Concurrent civil and criminal proceedings --- Stay of criminal proceedings --- Principles --- Object of a civil proceeding is to , enforce civil rights and obligations while that of a criminal proceeding is to punish the offender for the commission of an offence -- Therefore , both the civil proceeding and criminal proceeding relating to one and the same matter can be instituted and ordinarily proceeded with simultaneously --- Although there is no bar to the simultaneous institution of both proceedings , the trial in the criminal proceeding may be stopped in certain circumstances --- Guiding principle in this regard is that where the criminal liability is dependent upon or intimately connected with the result of the civil proceeding and it is difficult to draw a line between a bona fide claim and the criminal act alleged , the trial in the criminal proceeding may be postponed till the conclusion of the civil proceeding - Thus , where either of these two conditions is not fulfilled , i.c. , where the subject matter of civil proceeding and that of criminal proceeding are distinct , not intimately connected , or where the civil proceeding is instituted mala fide to delay the criminal prosecution , not bona fide , the criminal proceeding may not be stayed.
Concurrent civil and criminal proceedings --- Scope --- Standard of proof required in civil and criminal proceedings is different - In the former , a mere preponderance of probability is sufficient to decide the disputed fact but in the latter , the guilt of the accused must be proved beyond any reasonable doubt --- Therefore , there are chances of giving divergent judgments by the civil and criminal courts on the facts that give rise to both civil and criminal liabilities
Concurrent civil and criminal proceedings --- Stay of criminal proceedings --- Principles --- Object of a civil proceeding is to , enforce civil rights and obligations while that of a criminal proceeding is to punish the offender for the commission of an offence -- Therefore , both the civil proceeding and criminal proceeding relating to one and the same matter can be instituted and ordinarily proceeded with simultaneously --- Although there is no bar to the simultaneous institution of both proceedings , the trial in the criminal proceeding may be stopped in certain circumstances --- Guiding principle in this regard is that where the criminal liability is dependent upon or intimately connected with the result of the civil proceeding and it is difficult to draw a line between a bona fide claim and the criminal act alleged , the trial in the criminal proceeding may be postponed till the conclusion of the civil proceeding - Thus , where either of these two conditions is not fulfilled , i.c. , where the subject matter of civil proceeding and that of criminal proceeding are distinct , not intimately connected , or where the civil proceeding is instituted mala fide to delay the criminal prosecution , not bona fide , the criminal proceeding may not be stayed.
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