Distinction Between Crime and Tort (Civil Wrong)

                        DISTINCTION BETWEEN CRIME AND TORT

                                                (CIVIL WRONG)

Meaning of Tort:

            The term 'tort' is derived the Latin word, 'tortum', which means 'twisted' and its equivalent word is 'wrong' or 'wrongful act'.

            Tort may be defined as an injury or a wrong committed with or without force to the person or property of another, and such injury may arise by either the nonfeasance, malfeasance or misfeasance of the wrongdoer.

            Prof. Winfield states that tort means 'tortious' liability which arisos from the beach of duty primarily fixed by the law, this duty is towards persons generally and its breach is redressable by an action for unliquidated damages.

            According to Sir John salmond tort is "a civil wrong for which the remedy is a common law action for unliquidated damages for which is not exclusively the breach of contract or the broach of trust or other merely equitable obligation".

            'Tort is a civil wrong which in a beach of some duty between citizens defined by the general law, which creation a civil causes of action. There might be a private right of action; too facts producing it may or may not also constitute offence punishable by public authority.

            Every tortious act does not amount to a crime, nor does every crime include a tort. Thus, mistake or innocent trespass to one's land or private nuisance is a tortious act, but is not a crime for there is no element of danger to the public interest. However, obstruction of highway, perjury, homicide etc.  are exclusively criminal act and not torts. But there are some causes where a wrong is both criminal and tortious and the State prosecutes the wrongdoer and also affords the suffer an opportunity to claim damages by providing concurrent remedies such as assault, false imprisonment, libel, theft etc. In such cases there is not only the violation of a private right of bodily safety, property or reputation but such violation also constitutes a menace to the safety the society in general.

            Both Crime and tort resemble each other in two respects, namely (i) tort and crime and violation of right in rem; (ii) they are fixed by law irrespective of the consent of the parties, unlike contact. However, crime and tort distinct as given below.

                                    Difference between Crime and Tort

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                        Crime                                                             Tort

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(1)  A Crime is a breach of the public                                    A lot is a violation of the private

    Public rights and duties which                               rights of an individual.

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(2)   A crime is a public wrong                       A tort is a civil wrong. It gives

   Which result in punishment                        rise to civil proceedings.

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(3) A Crime is an offence against                   A tort causes injury or damage

     The public at large or                                to an individual or group of individual

     society as a whole.

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(4) A crime is tired in criminal                       A tort is tired in Civil Court.

    Court.  

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(5) In a crime the victim is an                        In a tort, the plaintiff is the injured

   Individual. The Criminal proceeding          party .

against the wrong doer are instituted by

 the State.

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(6) The object of the Criminal law is to          The purpose of awarding composition to  the protect community or society by preve-   injured party in a tortious wrong is to make

eting and deterring the offenders from           good the loss suffered by him.

committing further offences.

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 (7) In crime intention plays important           In tort, the intention is not an important factor.

      factor.

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(8) Generally an act shall not be punis-         Mens rea (motive) has no place in tort.

    hed as a crime, unless there is mens rea

   (ie. motive) actually present in the wrong-doer.

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(9) In criminal cases, burden of proof lies     Burden of Proof lies on the injured complainant.

on the State. The injured becomes a winess

only.

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(10) Strick rules of procedure and principle               While dealing with civil wrong natural prin-               

       are fallowed in fixing the liability of                   ciple of justice, good conscience, equality,

       the criminal                                                          etc. are fallowed in fixing the wrong-doer's

                                                                                    liability.

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(11) Criminal law, generally, does not                       Law permits the parties to settle the dispute.

       Permit settlement of a cases by                           In other words, the plaintiff can withdraw

       Compromise between parties.                             The suit field by him.

          However Sec.320 of the PC provides

         for an exception to thus rule.

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(12)  The person who commits crime is called          The person who commits tort is call-

        Accused (before guilt is proved) and convict     ed 'the feasor' or 'wrong doer'.

        (after guilt is proved) or criminal.

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(13) Criminal arises on account of Statuory              Tort arises out of liability independ-

        Enactments.                                                        ent of any personal obligation under

                                                                                                A contract.

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(14) All the Crime are defined and punish-               Most of the Law of the torts is judge-

      ments are prescribed and criminal law                 made law. It is not codified.

      is codified.

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(15)  The offences defined under the cri-                   The offences under the torts do not                                            

       minal law are notorious for moral uns-               involve any element of moral trupti- 

      crupulousness. They are treated as                       tude. The wrong-doers of torts are

      morally depraved aggravated heinous                  punished by way of damagers for the

      and dangerous to the individual and also             butter social welfare and efficiency.

      to the society.

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(16) The offender is punished by the State,               The wrong-doer has to compensate the

        Such punishment may be fine or imp-               aggrieved party, such compensation may     

       risonment. The nature of punishment                  be nominal, ordinary or exemplary acco-     

      is heavy.                                                                ding to the magnitude of the tort. The nature

                                                                                    of punishment is generally lighter.

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(17) The amount collected by way of penalty            The payment made by the wrong- doers as

        and fine is not paid to the victim, but that          compensation goes to injured party.

       Amount is created into State account.

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(18) Criminal law is the oldest law.                           Civil law is the latest subject.

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Breach of Contract:

            Contract is an enforceable covenant or agreement between two person, with a lawful consideration or causes, it is a deliberate engagement between competent parties, upon a legal consideration, to do or to abstain from doing some act. Section 2(h) of the Contract Act, 1872 defines contract as "an agreement enforceable by law". In a contract all the parties of both sides have obligation to bid over to the agreement. If any party fails to fulfill the contract obligation, it amounts to 'breach of contract'. Then other party fills a suit in the Civil Court of enforce the agreement. The following are the differences between Crime and Breach of contract.

Distinction between Crime and Breach of Contract

            (1) In crime, the injured party cannot use for damages. The injury to the victim is deemed as an injury to the society. It is the violation of public rights. Hence the State prosecutes the accused. The burden of proof lies upon the State. If the wrongful act is proved, the accused is put in imprisonment or imposed fine, or both. Such fine is not paid to the victim. It is credited into the States account. But, in case of breach of contract, the injured party has right only for liquidated damages i.e. presettled or actual damages.

            (2) The  object of the criminal law is to project the peace of the society, while the object of law on the breach of contract in to protect the rights of the parties in a contract.

            (3) Mens rea (ill intention) is an important factor in imposing the Criminal liability upon the wrong-doer where-as, in breach of contract, the motive is not an essential factor. The defaulting party has to pay the pre-settled and actual damages.

            (4) A wrongful is an infringement of right in rem. The wrong-doer has a 'Duty in rem' i.e., he should not do harm or injury to any person. It is a statutory duty. But, a beach of contract is an infringement of a right in personam i.e., a right available only against some determinate person or body and for which the community at large has no concern.

            (5) The Criminal law which deals with crimes and offences is a separate branch, whereas breach of contract is a species of law of contract, which belongs to civil law.

            (6) The criminal law is completely codified one while the law relating to contracts considers trade customs, through it has been codified.

            (7) In crime, the victims is not paid damages. The caused is sent to jail or imposed fine or both. The fine goes to the State. However, in breach of contract, the party is entitled only for actual damages.