Meaning and Nature
A crime is a wrongful act or omission that is considered an offence against the State or society at large, and is punishable under criminal law. It affects public peace, order, and morality. Crimes are defined and penalized mainly under the Indian Penal Code, 1860 (IPC). For instance, Section 300 IPC defines murder, while Section 378 IPC defines theft. On the other hand, a tort is a civil wrong that infringes the private legal rights of an individual. Tort law seeks to compensate the injured party rather than punish the wrongdoer. Thus, the main aim of criminal law is punishment, whereas that of tort law is compensation or restitution.
Parties and Legal Proceedings
In a criminal case, the proceedings are initiated by the State in the name of the government (e.g., State of Maharashtra vs. A), as crimes are considered public wrongs. Punishments include imprisonment, fine, or even death penalty depending on the gravity of the offence. In contrast, in a tort case, the aggrieved person, known as the plaintiff, files a civil suit against the wrongdoer, known as the defendant, seeking damages. Criminal cases are governed by the Code of Criminal Procedure, 1973, whereas torts are decided based on judicial precedents and principles of justice, equity, and good conscience.
Burden of Proof and Remedy
In criminal law, the burden of proof lies on the prosecution, and guilt must be proved “beyond reasonable doubt.” This strict standard ensures that no innocent person is punished. In tort law, however, the plaintiff must prove the wrongful act on the basis of the “preponderance of probabilities.” The remedies in crime are punitive, whereas in torts they are compensatory. Additionally, one act may constitute both a tort and a crime — for example, assault is both a criminal offence under Section 351 IPC and a tortious wrong against a person.
Real-Time Example
Suppose A intentionally hits B in a public place, causing injury. This act amounts to criminal assault under Section 351 IPC, and A can be prosecuted by the State for disturbing public order. Simultaneously, B can file a civil suit for damages against A for the tort of battery to recover medical expenses and compensation for pain. Thus, the same act can give rise to both criminal and tortious liability, but the purpose and proceedings of each differ significantly.
Mnemonic to Remember
Mnemonic: “SPaRC – State, Punishment, remedy, Compensation.”
- S – State vs. Individual: Crime affects society; tort affects individuals.
- P – Punishment vs. Payment: Crime leads to punishment; tort leads to payment.
- R – Remedy Type: Crime → punitive, Tort → compensatory.
- C – Court Proceedings: Crime under CrPC; Tort under Civil Law.
This mnemonic “SPaRC” helps remember the spark of difference between crime and tort easily.
About Lawgnan
Dive deeper into the difference between crime and tort to understand how law distinguishes public wrongs from private injuries. Learn how criminal law focuses on punishment and maintaining public order, while tort law seeks compensation for private harm. Explore real-life examples, case references, and easy-to-remember mnemonics like “SPaRC” to master key concepts for exams and practice. Visit Lawgnan.in for comprehensive notes, case summaries, and expert explanations on the Indian Penal Code, law of torts, and other foundational legal topics to strengthen your legal knowledge today.
