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In a scenario where the same set of facts gives rise to both a civil suit and a criminal trial, what is the appropriate course of action?

Question and options

In a scenario where the same set of facts gives rise to both a civil suit and a criminal trial, what is the appropriate course of action?
  1. The civil suit should be stayed
  2. The criminal case should be stayed
  3. The civil suit should be quashed
  4. Both should be simultaneously carried out

Answer and explanation

Correct answer: D - Both should be simultaneously carried out
Civil and criminal proceedings on the same facts are of different natures and standards of proof. Indian courts hold that both can proceed simultaneously, and neither is ordinarily stayed or quashed for that reason alone.

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