Bare Act As Per The Government of IndiaDifference Between Crime and Tort With Examples
Synopsis
- Meaning of Crime
- Meaning of Tort
- Statutory Basis (IPC & BNS)
- Key Differences Between Crime and Tort
- Examples of Crime
- Examples of Tort
- Conclusion
Meaning of Crime
A crime is a wrongful act or omission which is punishable by the State. Under Indian criminal law, a crime is considered an offence against society, not just an individual.
Relevant Provisions
- Indian Penal Code (IPC): Section 40 broadly defines “offence” as an act punishable by the Code.
- Bharatiya Nyaya Sanhita (BNS): Section 2(24) defines “offence” as any act made punishable by the Sanhita.
Thus, a crime is a punishable act that disturbs public order, safety, or morality.
Meaning of Tort
A tort is a civil wrong that causes harm to a person or property, for which the injured party can claim compensation. Tort law is not defined in IPC or BNS because it belongs to civil law, not criminal law.
Torts are based on:
- Judicial precedents
- Principles of civil liability (e.g., negligence, nuisance, defamation)
A tort primarily concerns private wrongs between individuals.
Statutory Basis (IPC & BNS)
Crimes
- Clearly defined in IPC and BNS, along with punishment.
Example:- IPC Section 378 – Theft
- BNS Section 303 – Theft
Torts
- Not defined in any statute like IPC or BNS.
- Remedies are compensatory, not punitive.
Key Differences Between Crime and Tort
| Basis | Crime | Tort |
|---|---|---|
| Nature of Wrong | Public wrong; against society | Private/Civil wrong; against an individual |
| Codification | Codified (IPC/BNS) | Uncodified (Primarily Common Law/Judicial Precedent) |
| Law Applicable | Defined under IPC / BNS | Civil law (law of torts) |
| Proceedings | Criminal Court | Civil Court |
| Purpose | Punishment, deterrence, protection of society | Compensation for loss/injury |
| Party Who Brings the Case | State prosecutes the accused (e.g., State (Prosecution) vs. Accused) | Injured person files suit (e.g., Plaintiff (Injured Party) vs. Defendant (Wrongdoer)) |
| Burden of Proof | Beyond reasonable doubt | Preponderance of probabilities |
| Remedy | Imprisonment, fine, or both | Damages (compensation), injunction |
| Intention | Intention or knowledge is important | Intention often not required (negligence, strict liability) |
| Compromise | Generally not allowed (non-compoundable), as it affects society. | Always possible (parties can settle out of court). |
| Example | Theft, assault, cheating | Defamation, trespass, negligence |
Examples of Crime (as per IPC & BNS)
(a) Theft
- IPC Section 378
- BNS Section 303
Taking someone’s movable property dishonestly without consent is a crime.
(b) Assault
- IPC Section 351
- BNS Section 131
Threatening or attempting to use force on another person is punishable.
(c) Cheating
- IPC Section 415
- BNS Section 318
Deceiving someone to cause wrongful loss is a criminal offence.
Examples of Tort (Civil Wrong)
(a) Negligence
If a driver carelessly hits a pedestrian, the pedestrian may seek compensation in civil court.
(b) Defamation
If a person spreads false statements harming someone’s reputation, it is a tort.
(Note: Defamation is also a crime under IPC Section 499, but a civil action is separate.)
(c) Trespass to Land
Entering another’s land without permission is a tort.
Conclusion
In simple words:
- A crime is a public wrong defined and punished under the IPC or BNS.
- A tort is a private wrong for which the injured person seeks compensation.
Both protect individuals, but they operate in different legal systems—criminal law punishes wrongdoers, while tort law compensates victims.