Subject

Tort

Crime

Meaning

According to Salmond Tort is "A civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the breach of contract or the breach of trust or other merely equitable obligation”.

Sir William Blackstone defined a crime as "an act committed or omitted in violation of a public law either forbidding or commanding it”.

Nature of Wrong

Private wrong → between individuals.

Public wrong → against the State/society.

Objective

To restore the injured party by compensation (damages or injunction).

To punish the offender and deter others, maintaining peace and order.

Parties Involved

Plaintiff (injured person) vs. Defendant (wrongdoer).

State (prosecution) vs. Accused.

Proceedings

Civil proceedings in civil courts.

Criminal proceedings in criminal courts.

Burden of Proof

Plaintiff proves liability on balance of probabilities (less strict).

Prosecution must prove guilt beyond reasonable doubt (more strict).

Remedy / Outcome

Monetary compensation, restitution, injunction, apology.

Punishment: imprisonment, fine, death penalty, probation, community service.

Law Governing

Law of Torts (uncodified in India, based on principles, precedents).

Criminal law (Indian Penal Code, CrPC, Evidence Act, etc. in India).

Effect of Consent

Consent can be a valid defence (e.g., in sports, medical treatment).

Consent is not usually a defence (e.g., murder cannot be excused by consent).

Effect of Death of Parties

Case usually ends with the death of either party (no survival of action).

Case continues, State can prosecute even after victim’s death.

Examples

Defamation, trespass, negligence, nuisance, false imprisonment.

Murder, theft, rape, kidnapping, assault, robbery.

Punitive Aspect

Rare, but exemplary damages may sometimes be given.

Always punitive → goal is punishment + deterrence.

Insurance

Tort liabilities can often be covered by insurance (e.g., motor accidents).

Criminal liability cannot be insured against