Difference Between Crime and Tort

Crime is an omission or commission of an offence that affects a society as a whole The proceedings against an offender who commits a crime are prosecuted in a criminal court. Tort on the other hand is a violation of civil rights and usually affects an individual. A civil court will hear a case involving someone who violates the rights of another person.

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This Story also Contains

1. What is Crime?
2. What is Tort?
3. Difference Between Crime and Tort
4. Conclusion

What is Crime?

Crime is unquestionably merely misconduct. In this instance, society as a whole is most affected. Under the state legal system, some behaviours or unusual situations are classified as crimes.. If someone commits any of the crimes, the law will decide in court how to punish them. Any act performed or omitted that is considered an offence and is punishable by law is considered a crime. Crime is defined as unlawful behaviour that is forbidden and punished by the state or its laws.

Fundamental Elements of a Crime

On a human being-

The fundamental element of crime is the human being. Any wrongdoing must be performed by a human person in order to be classified as a crime. A human being must be both capable of being punished and subject to a legal requirement to act in a specific manner.

Presence of Mens Reus-

Intentional Mind, also known as the "Guilty mind," delves into the psychological aspect of participating in illegal actions. This entails both having the intention to carry out your acts and being conscious that they are incorrect and could have unfavourable effects.

For an accusation to be proven, it must be evident from the evidence that the accused person knew full well what they were doing, intended to hurt the victim, and committed the offence with that goal in mind.

Presence of Actus Reus-

Concrete Action, on the contrary, concentrates on the tangible physical deed of carrying out a criminal offence. It addresses the things that a person does or does not do that they ought to have done. These acts have the potential to hurt, injure, or violate the rights of others.

There cannot be a crime or a lawsuit for damages if there is not a guilty act. But an act by itself does not make something a crime; rather, when an act is prohibited, the crime is made up of both the intended conduct and the actual action.

Injury Caused-

The last and most important component of a crime is injury. It must be committed against the law against a different person, a group of people, or the general public.

Different Stages of a Crime

Presence of Intention-

The first stage in committing an offence is the mental stage, which is the presence of an intention to do an offence. There aren't any penalties under the IPC right now. The Latin saying "Actus non facit reum nisi mens sit rea" means that an act does not indicate guilt if one does not have a guilty mentality.

Furthermore, since it's a conceptual idea, it could be challenging to determine whether someone has this kind of objective. It won't be illegal to just have an intention.

Preparation for the crime-

The second stage of a criminal act is preparation. It refers to setting up the tools required to carry out deliberate illegal conduct. A crime cannot be proven by intent or preparedness alone. Because the prosecution frequently fails to establish that the preparations in question are for the commission of the specific crime, preparation is not punished.

Commission of an attempt-

An attempt is a direct action taken after the plan has been prepared to carry out the crime. As per legal statutes, an individual is considered to have attempted to commit an infraction if they carry out an action that goes beyond merely getting ready to do the offence. Furthermore, even in situations where the commission of the offence appears impossible, a person is guilty of attempting to conduct an offence.

This is the reason that trying to commit a crime is often called a "preliminary crime." Per the Code, there are consequences for attempting to commit a crime. It is available under several provisions for several crimes.

Accomplishment of the offence-

The last stage of committing an offence is its successful fulfilment. If the accused is successful in carrying out the offence, he will be found guilty of the whole charge. If it doesn't work, he will also be guilty of trying.

What is Tort?

The word Tort is derived from the French word. Its name comes from the Latin word "tortum". which means "wrong" or "injury." It is a civil wrong because there has been a duty breach. When someone's obligation to others is compromised, a tort occurs. The person who commits a tort is referred to as a tortfeasor or wrongdoer. The compensation of the victim is the primary goal of the law of Torts.

A vast majority of civil lawsuits are governed under Tort Law. Every claim that is brought before a civil court is usually covered by the Law of Torts, except situations involving contracts.

A tort is any action or inaction that results in harm or injury to another person and is classified as a civil wrong that is subject to legal responsibility (apart from contract violations). Put otherwise, an injustice has occurred and the aggrieved party is entitled to monetary compensation.

Fundamental Elements of a Tort

Three fundamental elements constitute tort they are-

• An omission or commission of a wrongful act

• A liability or duty imposed by the law

• The omission or commission of the act must give rise to legal damage or liability

Meaning of Wrongful Act

A wrongful act can be both legally and ethically incorrect at the same time, or it can be both. A legally recognized wrongful act infringes upon someone's legal rights; also, the conduct must be unlawful to qualify as a legally recognized wrongful act. When a wrongful act is reported as being an infringement of a private right or a breach or violation of a legal duty, liability for the tort results. A wrongful act is illegal from the very beginning of the act.

Meaning of liability or duty imposed by law

If someone commits a wrongdoing that either directly or indirectly violates the rights of another, the law imposes obligations or liabilities on that person. And a duty imposed by the law is enforceable by the court.

Meaning of legal damage or liability

The literal meaning of legal damage or liability is that when a person commits an offence which falls under the ambit of civil offence then that person is liable to pay for the damages to the other person who has suffered the injury. Damages might be in the form of monetary compensation or discharging the liabilities and obligations. The damages and liability which a person has to face due to infringement of a civil right is enforceable by law and the person is bound by the law to pay for the compensation or the damages.

Types of Tort

Tort means infringement of a civil right of another person. For which the person committing the offence is liable to pay for the damages. The different types of tort are given under

The Strict Liability Tort-

The concept of Strict Liability was established in the case of Rylands v. Fletcher. This implies that a person is liable for losses or damages caused by their goods or activities even if they are not at fault or did not plan to hurt. Strict liability is the term for this. A harmed person may recover damages under strict liability without needing to prove negligence or accountability. If the action is subject to strict liability laws, the defendant will be held liable even if they post warnings and adopt safety measures. Because of the defendant's actions' extreme potential for harm, it is reasonable to assume that someone will be harmed. The exceptions to the rule of strict liability are- default by the plaintiff, by the Act of God, By the action of any third party and with the consent of the aggrieved party.

Intentional Tort-

In an intentional tort the offender with all knowledge of the consequences of the act, with all intentions and motives does any wrongful civil offence. The perpetrator (tortfeasor) doesn't need to intend harm. But in any case, like in a practical joke, someone else might get injured. Alternatively, the individual may have malicious intent, as in cases of domestic abuse. Intentional torts include both kinds of situations. Examples of intentional tort are- assault and battery.

Assault and battery

Assault refers to a defendant's activity that makes the plaintiff fear the defendant would employ battery against them. Whereas A battery is defined as the deliberate, direct application of physical force against an individual. For there to be a battery, there must be direct physical contact without the victim's consent and with the intent to cause harm.

Constitutional Tort-

A constitutional tort occurs when a government official violates a person's constitutional rights. A cause of action that is separate from any state tort remedy that would otherwise be available is created by the alleged constitutional breach. In the case of a constitutional tort, the burden of proof is on the plaintiff to prove in court that a government official has violated his constitutional rights.

Negligent Tort-

In particular, negligence refers to a defendant's violation of a legal duty against a plaintiff that causes unfavourable harm. The plaintiff must persuade the court that the defendant owed them a duty of care, which they breached and caused damages to prove the tort of negligence.

Vicarious Liability-

Vicarious liabilities, therefore, arise when one person is accountable for the deeds of another. This is an exception to the general rule that places the entire burden of accountability on the offender. The foundation of vicarious liability is "Qui facit per se per alium facit per se," which means "He who acts through another is considered to have done it themselves."

Absolute Liability-

When any type of organization employs hazardous or dangerous materials for profit-making activities and any harm is done to any third party during that time, they are fully liable. The Rule of Strict Liability minus the exceptions laid down by the rule leaves behind The Rule of Absolute Liability. The MC Mehta v Union of India case gave birth to the absolute liability rule in India.

Defamation-

A misrepresentation of someone's reputation is regarded as a defamation tort. It entails fabricating, disseminating, or otherwise harming the reputation of a third party.. Defamation is regarded as a civil and criminal offence in India. Section 499 and section 500 of the Indian Penal Code 1860 deal with the offence of defamation.

Essentials of defamation-

The essential conditions to constitute an offence of defamation are-

• Release of a False Statement

• The statement released should be either written or in oral form.

• The defamatory statement should be released to destroy someone’s reputation

• Publication of such defamatory statements.

Difference Between Crime and Tort

Conclusion

In conclusion, comprehending the differences between a criminal offence and a tort is essential to comprehending the legal framework that governs both criminal offences and civil litigation. While crimes include breaking the law and are punishable by law, torts mostly involve private disputes and the pursuit of damages.. compensation. Knowing the distinctions between these legal theories enables people to navigate the legal system with clarity, protecting all parties and bringing about justice.