Distinction between Tort and crime
The real distinction between a tort and a crime lies in in the method in which the remedy for the wrong is pursued. Tort differs from crime both in principle and procedure.
Every tortious act does not amount to crime, nor does every crime include a tort
Tort is a private wrong.
crime is a public wrong.
Tort is an infringement of the Civil right which belongs to individuals.
crime is breach and violation of the public rights and duties.
A tort is a species of a Civil wrong, it gives rise to civil proceedings.
crimes are those which result in punishment of the criminal.
In tort plaintiff is the injured party.
In crime the victim is the injured party.
In tort, the wrongdoer is liable to pay compensation to the injured.
In crime, wrongdoers are generally punished and sometimes fine imposed.
In tort compensation will be paid to the injured party.
In crime amount collected by we have fine or penalty is not paid to the victim.Fine amount is credited to the state account.
In tort, the Purpose purpose of awarding compensation to the injured is to make good the loss suffered by him.
In crime the purpose is to protect the society by preventing the offender from committing further offences.
In tort the nature of punishment is lighter that too in the shape of awarding damages.
In crime the nature of punishment is heavy and serious in the shape of imprisonment.
In tort mens rea has no place.
In crime mens rea plays an important factor.
In tort, the burden of proof lies on the complainant / injured.
In crime the burden of proof lies on the state , the injured person becomes witness only.
In tort, intention is not an important factor.
In crime, intention plays an important factor.
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