Skip to main content

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.
Labels:

Comments

Post a Comment

Popular posts from this blog

What Are the Different Types of Court Cases in India?

  What Are the Different Types of Court Cases in India?” ⚖️🧑‍⚖️ Client Question: "Sir, India mein kitne type ke court cases hote hain? Kaunsa case kis court mein jaata hai, aur kaunsa civil ya criminal maana jaata hai?" (Translation: What are the different types of court cases in India? Which case goes to which court, and how are they classified as civil or criminal?) #CourtCasesIndia #IndianJudiciary #LegalSystemIndia #CivilVsCriminal #LawAwareness #KnowYourRights 📚 The Answer: Understanding the Indian Court Case Maze 🧠🔍 India's judiciary handles a wide range of legal matters , from broken contracts to brutal crimes. Court cases are broadly classified into two types: Civil and Criminal , and they are dealt with by different hierarchies of courts , including District Courts , High Courts , and the Supreme Court . #IndianJudiciary #CourtTypes #LegalCasesIndia #CriminalLawIndia #CivilLawIndia ⚖️ Types of Court Cases in India: 🧑‍⚖️ Civil Cases These cases...
Post a Comment
Read more

Can I Patent My Startup Idea in India?

  Can I Patent My Startup Idea in India?" 🚀📜 Client Question: "Sir, maine ek unique business idea socha hai — kya main is idea ko patent karwa sakta hoon?" (Translation: I’ve come up with a unique startup idea — can I patent it in India?) #PatentIndia #StartupIdeas #IntellectualPropertyIndia #IPRIndia #PatentLawIndia #StartupProtection #LegalStartupHelp 🎯 The Reality Check: Can You Patent an Idea? Sorry to break the startup bubble 🫧, but you cannot patent a mere “idea” in India (or anywhere in the world). You can only patent a technical invention — not a concept, not a business model, not a dream during your shower 🛁. #PatentEligibility #IndianPatentAct #StartupIP #LegalMythsBusted #PatentFacts 🧪 What You Can Patent in India (If You're a Startup Founder): ✅ A new product , device , or machine — that solves a technical problem. ✅ A process or method with industrial application. ✅ Must be: Novel (New) Inventive (Not obvious) Useful (Ind...
Post a Comment
Read more

Sample Format and Draft for Court Summons Form

  Sample Format and Draft for Court Summons Form #JudicialProcess #CourtProceedings #LegalDocuments Court Summons In the Court of [Insert Court Name] Address: [Insert Court Address] Case Number: [Insert Case Number] To, [Name of the Recipient/Defendant] [Address of the Recipient] Subject: Summons to Appear Before the Court Whereas a case has been filed in this Honorable Court, you are hereby summoned to appear before the court as per the details mentioned below: Date of Hearing: [Insert Date] Time: [Insert Time] Venue: [Insert Venue] You are directed to: Appear in person or through your authorized legal representative. Submit any written statements or documents as required by the court. Refrain from violating any orders issued by this court in the matter of this case. Take notice that failure to comply with this summons may result in ex-parte proceedings or any other action as deemed appropriate by the Honorable Court. Issued Under My Hand and Seal Dated: [Insert Date] Sea...
Post a Comment
Read more