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



No

Remedial  statutes

Penal  statutes


1)

Remedial Statutes deal with the wrongs against an individual.

Penal Statutes deal with the wrongs against the State.


2)

They deal with those matters which affect the Individual only


They deal with those matters which affect the whole community.

3)

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


Whereas Penal Statutes provides punishment for public wrong


4)

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.


5)

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 etc.is imposed on the offender

6)

Duty is fixed by party

Duty is fixed by the State


7)

The injured party takes action

State takes action and state is a prosecuting agency.


8)

Proof of negligence is sufficient

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


9)

The remedial statutes receive liberal or beneficent construction.


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

10)

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



Penal statutes are called as penal

11)

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

12)

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


See also...






0 comments:

Post a Comment

See Also..