Difference Between Crime and Tort

Understanding the concepts of crime and tort is essential for anyone interested in the legal system. While both deal with wrongful acts, their nature, purpose, and consequences differ significantly. In India, these two branches of law operate side by side, addressing different aspects of wrongdoing. This article explains the difference between crime and tort.

What is a Crime?

A crime is any act or omission that violates a law and is punishable by the State. It is conduct considered harmful not only to an individual but to society as a whole. The law treats such acts as offences because they threaten public safety, order, or morality.

To qualify as a crime, certain essential elements must be present:

• Human Being: Only a person can commit a crime. The law requires that the accused be capable of understanding their actions and being held legally responsible.
• Mens Rea (Guilty Mind): The mental element or intention behind the act is crucial. A wrongful act alone does not constitute a crime unless done with a guilty mind or knowledge that the act is wrong.
• Actus Reus (Guilty Act): This refers to the physical act or omission prohibited by law. The person must have voluntarily performed the act or neglected a legal duty.
• Injury: The act must cause harm, whether physical, financial, or to public welfare. Some crimes, however, like possessing illegal substances, may be punishable even without direct harm to others.

Example: If a person intentionally harms another by assault, this is a crime punishable under the Indian Penal Code.

What is a Tort?

A tort is a civil wrong. It occurs when a person’s actions or negligence cause harm or loss to another individual. Unlike crimes, torts do not threaten society at large but affect private rights. The purpose of tort law is to provide relief to the injured party, primarily through compensation.

Torts can be categorised into three main types:

• Negligence: Failing to exercise reasonable care, resulting in harm. For instance, a driver causing an accident due to careless driving.
• Intentional Torts: Acts done deliberately to cause harm, such as defamation or trespass.
• Strict Liability: Liability imposed regardless of fault, often in cases involving hazardous activities or defective products.

Example: If a shopkeeper’s negligence causes a customer to slip and get injured, the injured person can sue for damages.

Key Difference Between Crime and Tort

Purpose of Crime and Tort Law

Parties Involved

In criminal cases, the State prosecutes the accused, who is considered a wrongdoer against society. The victim may act as a witness but does not control the proceedings.

In tort cases, the injured party initiates the lawsuit against the alleged wrongdoer seeking compensation. The victim controls the civil case and can choose to settle or withdraw the suit.

Burden and Standard of Proof

In criminal law, the burden to prove guilt lies with the prosecution, and the standard is “beyond reasonable doubt.” This high standard exists because convictions can lead to severe penalties like loss of liberty.

In tort law, the plaintiff must prove the defendant’s liability on the “preponderance of probabilities,” meaning it is more likely than not that the defendant caused the harm. This lower standard reflects the civil nature of the claim.

Nature of the Wrong

Crimes are considered offences against society, threatening collective well-being. Examples include murder, theft, and corruption.

Torts are wrongs against individuals’ private rights, such as property damage or personal injury.

Legal Framework

Criminal law in India is codified under statutes like the Bharatiya Nyaya Sanhita (BNS), 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023. These laws specify offences and the procedures for prosecution.

Tort law is primarily based on common law, developed through judicial decisions. While some torts overlap with statutory law (like consumer protection), the principles largely arise from precedent.

Procedure and Courts

Criminal cases start with the registration of an FIR (First Information Report) and police investigation. The accused is tried in a criminal court where evidence is presented before a judge or magistrate.

Tort cases begin with the filing of a civil suit in civil courts. The process includes pleadings, discovery, and trial. Many tort cases settle before trial.

Remedies and Punishment

Punishment in criminal law serves deterrence, retribution, and rehabilitation. It includes imprisonment, fines, probation, or community service.

Tort law aims to compensate the victim, usually through monetary damages. Injunctions may also be issued to prevent ongoing harm.

Limitation Period

Most crimes have varying limitation periods depending on severity. For example, murder has no limitation, but minor offences may have time limits per the Bharatiya Nagarik Suraksha Sanhita, 2023.

Tort claims are governed by the Limitation Act, 1963, with most civil suits required to be filed within one to six years depending on the nature of the claim.

Liability After Death

In criminal law, prosecution generally ends if the accused dies.

In tort law, claims can continue against the estate of a deceased wrongdoer, allowing victims to recover damages.

Examples Illustrating Differences Between Crime and Tort

Overlap Between Crime and Tort

A single act may give rise to both criminal prosecution and civil suit. For example, a person who physically assaults another may be prosecuted by the State and sued for damages by the victim.

Conclusion

While crime and tort both involve wrongful acts, they operate in different spheres with distinct aims and processes. Crime focuses on protecting society by punishing offenders, whereas tort law focuses on compensating individuals for harm suffered. Understanding these differences is essential for navigating legal issues and knowing the rights and remedies available under Indian law.