Tort |
Crime |
Tort occurs when the right available to all the persons in general
(right in rem) is violated without the existence of any contract. |
Tort occurs when the right available to all the persons in general
(right in rem) is violated and it also seriously affects the society. |
Act is comparatively less serious and affects only the person. |
Act is comparatively more serious and affects the person as well as the society. |
Intention is usually irrelevant. |
Intention is the most important element in establishing criminal liability. A crime cannot happen without Mens Rea. |
It is a private wrong. |
It is a public wrong. |
Since it is a private wrong the wronged individual must file a suit himself for damages. |
Since it is a public wrong, the suit is filed by the govt. |
The suit is for damages. |
The suit is for punishment. |
Compromise
is possible between the parties. For example, a person who has been
defamed, can compromise with the defamer for a certain sum of money. |
There
is no compromise for the punishment. For example, if a person is guilty
of murder, he cannot pay money and reduce his sentence. |
Compounding is possible. |
Compounding is generally not possible. |
Justice is met by compensating the victim for his injury and exemplary damages may also be awarded to the victim. In Bhim Singh vs State of J K AIR 1986
- the plaintiff was awarded exemplary damages for violation of his rights given by art 21. |
Justice is met
by punishing the aggressor by prison or fine. In some specific cases as
given in IPC compensation may be given to the victim. |
Tortious acts are usually not criminal acts. |
Several criminal acts such as assault and battery are also grounds for tortious suit. |