Difference between tort and crime is discussed in this article. Tort and crime are the terms that are used in the legal world. The layman is quite familiar and knows the word crime, but not tort. So, let’s see what is tort in law? And what is the law of crimes in India? And the distinguish between tort and crime.
Read Also: Difference Between Inquiry and Investigation
 |
| Difference Between Tort and Crime |
What is Tort in Law?
What is tort mean in law? So, the tort in law is defined as the private infringement of the civil rights of an individual and the tort occurs when there is negligence by the wrongdoer and directly causes the injury to the individual person or injury to his/her property.
There is a new emerging definition of the tort is that it is a civil wrong where an individual can sue another individual without any preexisting relation that in case of Law of Contracts and in tort the individual is not relying on the State or any other authorities for suing another person for his wrongful act.
There are different types of tort, and this is results in injury to the individual person or property. Whereas, negligence is the common cause of a tort. When an individual unintentionally injures another person then the injured party can sue the defendant for compensation for his tortious act.
For example, a tort can be seen in road accidents, medical malpractices, assault, etc.
What is Crime Means?
What is crime means? So, the crime is the term which is defined by Austin as " Crime is a wrong which is pursued by the sovereign or its subordinates". In simple words, crime is wrong in which the State will file a complaint against wrongdoer because the State had forbidden such wrongful acts and whenever whoever commits such wrongful acts then punishable by the Court.
So, the crime is nothing but something wrong done by the person which is forbidden by the State. Here, the injured party is classified as the society, therefore, the crime against the person is treated as a crime against the society or State.
We can see there are some reasons to believe that the wrongful act is a crime;
- Firstly, the crime is against the existing laws of the State
- Secondly, the crime affects the standard of living of the law-abiding society who wish to leave peacefully.
- Lastly, it is an intentional act contravening the fundamental rights of the people.
Difference Between Tort and Crime
The difference/distinguish between tort and crime (tort vs crime) is given below;
| TORT | CRIME |
|---|---|
The tort is a civil wrong against the individual. |
Crime is wrong against society and the State. |
The law of torts is the uncodified law. |
The law of crimes is codified laws. |
The main object of the law of torts is to compensate the aggrieved party whose legal right has been infringed. |
The main object of the law of crimes is to punish the criminal in the interest of society. |
The tort is a wrong that hampers the individual person or his/her property. |
Crime is the wrong which hampers the State and standard of living in the society. |
Mostly, the tort happens due to the negligence of the wrongdoer. |
Mostly, the crime happens with intention of the wrongdoer to commit such an illegal act. |
In tort, the aggrieved party can seek compensation for damages caused to him by the wrongdoer. |
In the law of crime, the legal bodies try to get proportional punishment to the criminal in order to maintain peace in the society. |
Compensation for torts is given on the basis of damages caused to the aggrieved party and it is not fixed. |
Compensation for crime is fixed and already given in the books of criminal laws. |
Torts are presented in the Civil Court. |
Crimes are tried in the Criminal Court. |
In tort, the suit is filed by the aggrieved party whose legal right has been infringed. |
In crime, the criminal is prosecuted by the State. |
In the law of torts, the burden of proof always lies on the claimant. |
In the law of crimes, the burden of proof always lies on the prosecution. |
Conclusion
Difference between tort and crime has been discussed here. By these differences, we can conclude that the objects of the law of tort and the law of crimes are different.