Distinction/Difference between Remedial Statute and Penal Statute

   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...

1. Difference/Distinction Between A Court and Tribunal

2. Adverse possession (Section 27 of Limitation Act)

3. Interpleader Suit (Section 88, Order 35 Code of Civil Procedure)

4. Caveat (Section 148-A of The Code of Civil Procedure)

5. Provisions relating to reference, review and revision under the Civil Procedure Code (Section 113 & Order 46)