The statute may be classified into two categories Remedial Statute and Penal Statute.

Remedial statute-

           The remedial statute is beneficial to the weaker section of the community. The remedial statute is one whereby a new favor or remedy is conferred either to make improvement in the enforcement of a right of any person or for redress of wrong and to remove effects of mistake in the former law.

Penal Statute -  

           The Penal statute are those which provides for penalties for disobedience of law.

Distinction/Difference between Remedial Statute and Penal Statute


Remedial  statutes

Penal  statutes


Remedial Statutes deal with the wrongs against an individual.

Penal Statutes deal with the wrongs against the State.


They deal with those matters which affect the Individual only

They deal with those matters which affect the whole community.


Remedial Statutes provides a remedy for infringement of private civil rights of an individual.

Whereas Penal Statutes provides punishment for public wrong


Remedial Statutes deals with such wrongful acts for which remedy is civil action.

Remedial Statutes deal with such wrongful acts, the commission of which attracts punitive (Penal) action.


The remedy for wrongful acts in the form of damages or compensation to the aggrieved party but the wrongdoer is not held liable for any penalty

Penalty such as imprisonment, fine, forfeiture imposed on the offender


Duty is fixed by party

Duty is fixed by the State


The injured party takes action

State takes action and state is a prosecuting agency.


Proof of negligence is sufficient

Negligence along with criminal intention must be proved to constitute an offense or crime


The remedial statutes receive liberal or beneficent construction.

Negligence along with criminal intention must be proved to constitute an offense or crime


Remedial statutes are also known as welfare, beneficent or social justice oriented legislation

Penal statutes are called as penal


Remedial statutes are enforced by law when suit id field by the aggrieved person in civil court or in the tribunal

In case violation of penal  law, state initiate the action against the criminal courts


The doubt is resolved in favor of the class of person for whose benefit the statute  is enacted

The doubt is resolved in favor of the alleged offender

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  1. Usefully distinguished recovery as a result of welfare, beneficent, or social justice oriented (civil action) legislation from contract damages and from fines, forfeitures, etc., as a result of criminal acts. (I presume "suit id field by" at No. 11, above, was meant to be "suit is filed by.")

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