CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India
Arun drives rashly and injures Babu, a pedestrian. The State prosecutes Arun under the criminal law for rash driving, and Babu separately sues Arun for compensation for the injury. Which statement about the classification of these two proceedings is correct?
The prosecution is public law and the compensation claim is private law, and one act can give rise to both. Criminal law treats the act as a wrong against society, pursued by the State, while the tort claim is a civil remedy between two individuals.
- AThe prosecution falls under public law and the compensation claim under private law, and both can arise from the same actCorrect
- BBoth proceedings fall under public law because a court decides them
- CBoth proceedings fall under private law because Babu was injured
- DThe prosecution falls under private law and the compensation claim under public law
Explanation
Criminal prosecution treats the act as a wrong against society, with the State as prosecutor, so it is public law. Babu's claim for compensation is a civil claim between two individuals, which is private law (tort). One act can lead to both. The key distractor is wrong because involvement of a court does not make a matter public law.
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