Difference between Tort & crime PDF

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What is the difference between tort and crime? This is an essential question frequently asked by the examiner in the past papers....

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“Punjab University Law College” “Difference between Tort & Crime” Tort and crime resemble each other in this that both are violations of rights in rem and in both the rights and duties are fixed by law irrespective of the consent of the parties. Followings are the distinctions.

1. Definitions:  Crime: “Crime is an act, commission or omission forbidden and punishable by law because it is harmful to the society.” “Crime is an act of aggression against not only an individual but also against society as a whole. It is offence against the state and the state is responsible for the punishment of the offender, for maintenance of peace and tranquility. Object for punishment is protection of public from crimes.” “Crimes are acts which are prohibited by state and sanctions or punishments are behind them.”

 Tort: In the words of Salmond tort can be defines as: “A civil wrong, independent of contract, for which the remedy is an action for damages” In the view of Ratanlal it can also be defined as: “It is an act or omission which prejudicially affects a person in some legal private right” There is an exception in which we must note that infliction of all civil injury is not ‘tort’. A civil injury in which an action will not lie is not a tort. Tort can also be defined as: “Tortious liability arising breach of duty primarily fixed by law towards the people generally and for which remedy is an action for un-liquidated damages.”

2. Characteristics:  Crime:  

Harm should have been caused, mere intention is not enough. Harm must have been legally forbidden.

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“Punjab University Law College”     

There must be conduct, action which begins harmful. Mens Rea (Latin word): guilty, intention. It must be present. Mens Rea should be coupled with conduct (Actus Reus) Harm should inflict (influence) the ultimate end. It must carry a legal punishment

 Tort:  There must be a civil wrong  There must be a legal infringement of right.  There must be a remedy. 3. Further Differences: As to nature of wrong: A tort is a private wrong. It is an infringement of private rights belonging to an individual, whereas a crime is an invasion of public rights and duties affecting the whole society. As to remedy available: In tort the wrong-doer has to compensate the injured party, in crime, he is punished by the state. As to procedure: In tort the action is brought by the injured party himself. In crime, the proceedings are taken and conducted in the name of the state. Crime 1. Crime is a wrong against the whole society. 2. Crime proceedings are held in criminal courts. 3. In crime remedy is in the form of punishment. 4. Rule of criminal procedure is applied. 5. In Crime state prosecutes regardless of the wishes of a person who has been wronged. 6. Different crimes involve Mens Rea 7. In crime compromising is only possible in compoundable offences.

Tort 1. Tort is a wrong only against an individual. 2. Tort proceedings are held in civil courts. 3. In tort remedy is in the form of damages. 4. Rule of civil procedure is applied. 5. In tort, it is not so. 6. In tort emphasis is lay down on compensation. 7. In tort, individual can compromise.

4. Conclusion: To conclude, we can say that violation of any right is condemned in law in every case, whether it is civil or criminal. So, law protects the legal rights of every citizens of a state.

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