Difference between Crime and Tort – Explained!

Difference between Crime and Tort are as follows:

Crime:

(1) A Crime is a breach of the public rights and duties which affect the whole community.

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(2) A crime is a public wrong which results in punishment

(3) A crime is an offence against the public at large or society as a whole.

(4) A crime is tried in Criminal Court.

(5) In a crime, the victim is an individual. The Criminal pro­ceedings against the wrong­doer are instituted by the State.

(6) The object of the Criminal law is to protect the comm­unity or society by preven­ting and deterring the offenders from committing further offences.

(7) In crime intention plays important factor.

(8) Generally an act shall not be punished as a crime, unless there is mens rea (i.e., motive) actually present in the wrong-doer.

(9) In criminal cases, burden of proof lies on the State. The injured becomes a witness only.

(10) Strict rules of procedure and principles are followed in fixing the liability of the criminal.

(11) Criminal law, generally, does not permit settlement of a case by compromise between parties. However Sec.320 of the I PC provides for an exception to this rule.

(12) The person who commits crime is called accused (before guilt is proved) and convict (after guilt is proved) or criminal.

(13) Crime arises on account of statutory enactments.

(14) All the Crimes are defined Most of the Law of the Torts is and punishments are prescribed judge-made law. It is not codified, and criminal law is codified.

(15) The offences defined under the criminal law are notorious for moral unscrupulousness. They are treated as morally depraved aggravated heinous and dangerous to the indivi­duals and also to the society

(16) The offender is punished by the State, such punishment may be fine or imprisonment. The nature of punishment is heavy.

(17) The amount collected by way of penalty and fine is not paid to the victim, but that amount is credited into State account.

(18) Criminal law is the oldest law.

Tort:

(1) A tort is a violation of the private rights of an individual.

(2) A tort is a civil wrong. It gives rise to civil proceedings.

(3) A tort causes injury or damage to an individual or group of individuals.

(4) A tort is tried in Civil Court.

(5) In a tort, the plaintiff is the injured party.

(6) The purpose of awarding compen­sation to the injured party in a tortious wrong is to make good the loss suffered by him.

(7) In tort, the intention is not an important factor.

(8) Mens rea (motive) has no place in tort.

(9) Burden of Proof lies on the injured/ complainant.

(10) While dealing with civil wrongs natural principles of justice, good conscience, equity, etc. are followed in fixing the wrong-doer’s liability.

(11) Law permits the parties to settle the dispute. In other words, the plaintiff can withdraw the suit filed by him.

(12) The person who commits tort is called ‘the feasor’ or ‘wrong doer’.

(13) Tort arises out of liability independent of any personal obligation under a contract.

(14) Most of the Law of the Torts is Judge-made law. It is not codified.

(15) The offences under the torts do not involve any element of moral turpitude. The wrong-doers of torts are punished by way of damages for the better social welfare and efficiency.

(16) The wrong-doer has to compensate the aggrieved party; such compen­sation may be nominal, ordinary or exemplary according to the magnitude of the tort. The nature of punishment is generally lighter.

(17) The payment made by the wrongdoer s as compensation goes to injured party.

(18) Civil law is the latest subject.