January 29, 2021

What is Difference between Tort and Crime ?

Below are the differences between a Tort and a Crime according to

  1. Nature of remedy:
    Nature is the main difference between a Tort and a Crime.

    • Tort is a civil wrong, for which remedy is unliquidated damages
    • For Crime there is punishment
  2. Parties :
    • Tort involves two parties “Plaintiff “and “Defendant”
    • Criminal law involves two parties “State” and “Accused”
  3. Punishment :
  4. Procedure:
    • Tort is Regulated by the Civil Proceeding Court 1908
    • Criminal : Criminal Procedure Court 1898
  5. Intention :
    • Has no importance in tort
    • Intention is always relevant in Crime
  6. Defense:
    • Necessity is a defense in Tort.
    • Necessity has no value in Criminal Law
  7. Compromise:
    • is possible in tort,
    • Not possible in criminal, as state is involved
  8. Proceeding :
    • Tort : injured person do proceeding
    • Criminal : State do proceedings
  9. Codification:
    • Tort is not a codified law
    • Criminal law is a codified law
  10. Position of Minor:
    • In Criminal law less than 7 is considered as minor
    • In Tort every one is responsible
  11. Wrong doer:
    • Tort feaser
    • Criminal

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