No.
Tort
Crime 

1)
Tort is infringement of a private right or civil right of an individual i.e. it is a private wrong or harm affecting the interest of private individual.  
Crime is a breach of invasion of public rights and duties or invasion of public rights and duties affecting the society at large e.g. it is a social harm 



2)
In Torts, intention is immaterial to hold a person responsible for civil wrong mens rea  e.g. Guilty mind is not required.
In crime, intention is important. Without mens rea there is hardly any crime to hold a person responsible for a crime usually mens rea i.e. guilty mind or mental element is necessary. 


3)
The purpose of law of torts is compensate the victim i.e. The wrongdoer has to compensate the injured party.
In crime the purpose is to punish the offender. The offender is punished by the state in the interest of the society and with the aim to deter the offender from committing it again.  


4)
The parties in a civil suit for tort are individuals i.e. Individual v/s Individual.  
In case of crime the state is always a party, as the state takes an action against the wrongdoer as crime is a public wrong. Therefore, it is State v/s Individual. 


5)
The yardstick for measuring liability in torts is the magnitude of harm caused. The greater the harm, greater is a the amount of compensation awarded/ to be paid.  
In crime, while deciding the punishment to be given to the offender three factors are taken into accounts. A) The character of offender, his past record , whether he has committed the offense for the first time or is he a repeater
B) Motive of Wrongdoer.
C) Magnitude of harm caused. If Rs.1000/- is stolen the harm is different than when Rs.100000/- are stolen. 



6)
In torts action is brought by an injured party and the tort feasor is sued in a civil court.
In crime, the proceedings are conducted in the name of the state and the guilty person is punished by the state. The guilty person i.e. criminal is prosecuted in a criminal court.   



 

          There are some acts or sets of circumstances which amounts to torts as well crime like assault , libel, mischief to prop etc.   

0 comments:

Post a comment

See Also..