Torts

 TORTS V/S CRIMES

Introduction

Torts and crimes are different forms of offences which have entirely opposite characteristics. Tort simply means an act which is twisted or crooked in nature. Any kind of deeds which are not straight in nature comes under torts law. The word torts came from the Latin word ‘tortum’ which means twisted. Section 2 (m) of the limitation act 1963 states torts as a civil wrong which is not exclusively a breach of contract or a breach of trust. 

On the other hand, crimes are much more serious kind of offences which are covered under criminal procedure code. 

Torts v/s Crime

• The first and foremost difference between a tort and a crime is that torts are less serious kind of offences when compared to the crimes.

• Crimes are said to be public offences wherein torts are more private in nature.

• Torts are crimes against individual but crimes are done mostly against the state.

• Tortious offences can be settled outside the court if the parties agree to it. No crime shall be settled outside the court. All the proceedings should happen inside the court from the starting itself.

• The remedy will mostly be compensation being awarded to the injured party but criminal trial ends only when the wrongdoer is punished.

• Torts appears to be less damaging and often accident or negligence, while crimes are mostly deliberate in nature.

• Torts treats society as individuals but while applying criminal law each individual are treated as part of the society

• Torts and crimes are tried in different courts and although both accused parties are known as defendants the charges of a tort are laid by a plaintiff while crimes are brought to court by the federal government.

• A tort may well be part of a crime as some personal injury may occur to innocent parties during the crime.  Crimes are tried in a criminal court while torts are brought to justice through a civil court.

• Crimes are identified by the legal system as acts that go against society.  Torts are based on injury to individuals due to negligence or personal damage.

 

 Illustrations

   

   1.Tort

• A was returning to his office after his lunch break was over with a hot cup of coffee when he stumbled over and fell over B. As a result, his hot coffee spilt all over B. A can be held liable for negligence towards B as he owed him a duty of care and there has been a breach of the same.

• X and Y are neighbors. X plays a band at hours of the night which disturbs Y. X can be sued for the tort of nuisance by Y.

2. Crime

• X and Z are rivals. X one day takes a knife, walks towards Z and stabs him to death. X has committed murder.

• A was walking when B suddenly grabs her purse and runs away with it. B has committed theft.

CONCLUSION

Torts and crimes are entirely opposite except the fact that they are both offences for which remedy can be availed. All the proceedings and patterns are different for both of them.