Process of Litigation:
Litigation is the process of seeking justice for a dispute in a court of law. If the two parties cannot settle their differences by arbitration and talks, they bring the other parties to the courts.
In India, the litigation process is seen in two cases; one is for civil disputes, and the other is for criminal disputes.
1. Civil Litigations:
Civil Litigation is based on issues related to civil matters like a breach of contracts, matrimonial disputes, claims of a spouse, and other revenue-based disputes.
The affected parties are obliged to file a petition before the court; only then the court can order to bring both the parties for the hearing.
The punishments in the civil suits are mostly awarded on the lines of monetary compensation based on the offence of the offending party.
2. Criminal Litigations:
Criminal Litigations are related to criminal offences performed by an individual or a group. Offences like Robbery, Murder and Assassination etc., are examples of Criminal Offences.
According to Indian Law, a First Information Report (FIR) has to be lodged by the Police after which the offender would be produced in court.
If convicted, the arrested person will be served with imprisonment for tolerable criminal offences and a death sentence in case of severe criminal offence.
Public Interest Litigation (PIL):
These are Litigations that are filed in the court of law to protect the interest of the “Publics”. Every individual of the country is entitled to file the PIL’s when they feel that the interest of the Publics is compromised.
\(1979\): India’s first PIL was filed by Hingorani (a lawyer), in the Supreme Court, where Justice P.N. Bhagwati led the bench.
The real purpose of the Public Interest Litigation was to make justice accessible to the poor and marginalised. It plays a crucial role in upholding the principle of Judicial review in courts.