Difference between Tort and Crime - Law Tribe

Introduction:

This article aims to provide insight into the difference between crime and tort. Previously, both criminal and tort laws were considered similar before these laws were enacted. Torts can proceed with either tort law or criminal law. However, over time, these laws have evolved to include features that distinguish them from each other. Both laws have different characteristics. This article primarily attempts to investigate differences in law, their nature, the harm caused, punishment / or compensation, and also provides a brief overview of their similarities.

Torts:

Tort can be defined as civil fault. It has civil proceedings and only the interests of an individual are affected i.e. the negligence or willfulness of a person can only cause injury or damage to a person or property and does not affect to the whole society. The person causing the damage is the defendant and the injured person is the plaintiff. In the diagram, the injured person makes an allegation and if the defendant loses, the plaintiff must compensate. Damage or monetary compensation is usually monetary compensation. 

 The basic elements of torts are: 

Wrongdoing/omission: 

To constitute tort, there must be a wrongful act or omission to commit an act, and the act must cause injury or damage to others. 

Legal damages:

Misconduct must give rise to legal or actual damages. These two factors are mainly delirium. 

Torts can be classified mainly into three categories:

Intentional: 

Intentional tort is the type of tort in which a person commits an illegal act with the intention of doing so. He knows that he is harming or harming others by his misconduct or omission of behavior. 

There are various types of intentional tort, including: 

• Defamation 
• Attack 
• Battery 
• Trespassing 
• Incorrect imprisonment, etc. 

Negligence:

If people deliberately and accidentally commit a tort, it may be referred to as tort. 

Strict Liability:

Strict Liability is responsible for the actions of the plaintiff, even if the plaintiff fails to prove the defendant's negligence or negligence. Strict liability usually arises when the defendant engages in dangerous acts such as breeding wildlife or using explosives. In such cases, he knows that his actions can harm others.

Illustration:

A knocks down B by accident while walking. This is an example of tort.

In torts the burden of proof is on the plaintiff and he has to prove that there was a wrongful act committed by the defendant and this wrongful act has resulted in damage or injury to the plaintiff. When it is proved that the injury has been caused by the defendant to the plaintiff he shall be entitled to the compensation.

Crime:

Crime is an illegal act that affects the interests of society. In crime, it concerns society, not people or property. These are torts that the government has identified as crimes. The person who commits the crime is also called the accused. In criminal offenses, prosecution is usually filed by the government, as opposed to tort that can be prosecuted by the injured.

Essential Elements of Crime:

Criminal activity forms both a mental and a physical component. 

Mens rea:

Mens rea is the mental element. Before committing a crime, he needs to formulate his intentions, and mere negligence is not a crime. Human intentions are very important in crime. Because if the person did not intend to commit a crime, they could be acquitted. There are certain situations in which a person does not voluntarily cause an accident. For example, if you have a heart attack while driving and kill another person, that person will be acquitted or not guilty. 

Actus Reus:

It is the physical element of crime. The actual crime fee after the intent to commit the crime arises. The person should have been accused of committing a crime and harming the victim. Mere acts do not constitute a crime. Even the mere intention of committing a crime is not enough. After committing a crime, you must have the intention to carry out the actual mission.

Difference between tort and crime

CRIME	TORT
It interferes with the interest of the society.	It is a wrongful act against an individual.
The proceedings are held in criminal courts.	The proceedings are held in civil courts.
In crime it involves mens rea and actus reus.	In torts it is mostly negligence.
In crime the defendant is punished.	In torts the defendant has to pay compensation.
In crime it follows the criminal procedure.	In tort it follows the civil procedure.

Similarities between Crime and Tort

They are similar to each other in the sense that there is breach of right of the person who has been injured in both torts law and criminal law.

Conclusion:

Despite the differences, crime and tort are essentially similar. Certain crimes are also torts, such as defamation. In such cases, the wrongdoer can be prosecuted for the offence, as well as held liable for the tort, which means that remedies are not exclusive of each other, but are concurrent. However, the gravity of the offence is what forms the line of separation between the two, and it is from this that other differences branch out. Indian laws need to work more in the field of tort law, and create remedies for private wrongs as well.

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