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What is the difference between Tort and Crime?




Meaning and Definition of Tort;

A private or civil wrong or injury, including an action for bad faith or breach of Contract, For Which the Court will provide a remedy in the form of actions for damages.

A legal wrong committed upon the person or property independent of contract. It may be either:
  1.  A direct invasion of some legal right of the individual.
  2. The infraction of some public duty by which special damages accrues to the individual.
  3. the violation of some private obligation by which like damage accrues to the individual.
Differences Between Tort And Crime
  • Crime is wrong against the whole community or society And Tort is wrong only against an individual. 
  • In crime, the proceedings are initiated in criminal court And In  Tort, The proceedings start in a civil court.
  • In Crime, Prescribed punishment is meted out in the form of hanging or imprisonment, etc. and the state are responsible to bring back a person who has committed a crime And In Tort, damages are payable to the person against whom wrong has been committed, is up-to-the individual to bring an action in the civil court.
  • In Crime, The rules of the criminal procedure code are applied And In Tort, the rules of civil procedural law are applied.
  • In Crime, The State prosecutes regardless of the wishes of the person who has been involved in an offense. The state has played a significant role in cases of crime And In Tort, State does not prosecute but only provides machinery of Justice.
  • In Crime, The pieces of evidence play a vital role in justice delivery and Crimes' basic requirement is mens-rea for calling it out crime And In Tort, The evidence is weighed on balance of probability and most emphasis is on compensation.
  • In Crime, Compromise is only possible in case of compromise offense And In Tort, an individual can compromise litigation with his opponent.

Note Down;

In Some instances, some illegal acts are crimes as well as torts, and proceedings for such cases start in both courts ( Civil/ Criminal ), Tort and crime are genuinely different in nature but both could be called evil acts in terms of their impact on society.

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