Distinction between ‘Tort’ and ‘Crime’
Tort differs both in principle and procedure from a crime and there are basic differences between a tort and a crime which are as follows,
1. On the basis of nature of wrong,
Tort is a private wrong. Private wrong is the infringement of civil right of an individual. It is comparatively less serious and labeled as civil wrong. Whereas crime is a public wrong. Public wrong is a violation or breach of rights and duties which affect the community, as a whole. It is a more serious wrong.
2. On the basis of nature of remedy,
The remedy in law of tort is damages where as the remedy in crime is punishment.
3. On the basis of parties to suits,
In case of tort the suit is filed by injured or aggrieved party where as In case of crime the complaint is filed in the name of State.
4. On the basis of withdrawal of suits,
In case of tort the suit can be withdrawn at any time and compromise can be done with wrongdoer where as In case of crime the complaint cannot be withdrawn except in certain circumstances.
5. On the basis of codification,
There is no codification in Law of Torts where as The Criminal law is codified.
6. On the basis of bar of limitation,
There is bar of limitation of prosecution in Law of torts where as There is no bar of limitation of prosecution in crime.
7. On the basis of survival of action,
In case of death of tort-feaser his legal representative can be sued except when the tort is defamation, personal injury not causing a death where as In case of death of offender, the suit is put to an end.
8. On the basis of application of law,
There is no separate statute deals with tort. Tort is based on judicial decisions where as the crimes are dealt in Indian Penal Code, 1860.
9. On the basis of intention,
In tort, Intention is important but not in all cases, for example, in cases of negligence where as in crime, Intention is the crux of the offence Despite of these differences, the injunction may be granted in tort as well as in crime. There are various wrongs which fall under law of torts as well as under criminal law, for example, Assault, Defamation, Negligence, Nuisance and Conspiracy.
“Tort” is defined in Section 2(m) Limitation Act, 1963 as:
“Tort is a civil wrong which is not exclusively breach of contract or breach of trust”.
