Distinction/Difference between Torts & Crime
What is Crime: -
The Oxford English Dictionary defines Crime as "an act punishable by law as forbidden by statute or injurious to the public welfare." Therefore, it is very different to frame such a definition of crime which may depend on all the countries according to their rules and regulations. Like, The Highway Code states that motorists mustn't blast their horns "aggressively" as it's not a tool to alarm others "without viable and reasonable intention". In the eyes of the law, it's also illegal to sound your horn while driving in a built-up area between the hours of 11.30 pm and 7.00 am. The Highway Code applies to England, Scotland, the UK, and Wales. Police can issue motorists with a fine for the illegal use of car horns. But there is no such rule in India, so honking the car horn in our country is not a crime. Anything which is injurious to public welfare is a crime. Selling contaminated food, molestation of young children or women in railway trains or any other place, and misleading advertisements may all be said to be injurious to public welfare.
Meaning of Torts: -
According to Section 2(m), The Limitation Act, 1963 "Tort means a civil wrong which is not exclusively a breach of contract or breach of trust". Salmond said, "It's a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation.
Read Also: Voidable Contract Meaning Definition and Case Law
The main Distinction/Difference between Torts & Crime: -
- Crime: The law of crimes is a codified law in India. Torts: The law of torts is not codified. It still remains uncodified in India.
- Crime: Crime is an unlawful act which is prohibited by law. Torts: Tort is a mere breach of duty fixed by law towards the persons generally.
- Crime: Crimes proceedings are presented in the Criminal Court. Torts: Torts proceedings are held in the Civil Court.
- Crime: Crime is a violation of a public duty which affects the society as a whole. Torts: Tort is a violation of the civil or personal rights of an individual.
- Crime: Criminal proceedings against the offender are instituted by the state. Torts: The plaintiff himself can sue or institute civil proceedings against the defendant.
- Crime: The offender who commits a crime is punished. Torts: The plaintiff is awarded damages for the wrong caused to him by the defendant.
- Crime: Crime happens mostly intentionally. The motive (mens rea) of the accused is an essential ingredient of the offence. Torts: It happens mostly due to negligence. The motive of the defendant is generally not relevant (except a few exceptions¹).
- Crime: The principle of vicarious liability has no application in the case of crimes. Torts: The principle of vicarious liability applies in the case of torts.
¹ Motive is relevant only in Torts of Defamation, Conspiracy, Deceit, Malicious prosecution, and Nuisance because these cannot be committed without intention.