Differences between “Tort” and “Crime”

    Edited by: Vaani Garg

    Tort and crime are two different legal terms used by us in our daily life but hold different meanings. Both have their own meaning and that’s why it is important for us to understand both the terms in order to understand the legal system. This article will give you the meaning and differences between Tort and crime. 

    What is the meaning of the word “Crime” and “Tort”? 

    • A “crime” is any act or omission in violation of a law prohibiting the action or omission or in simpler words a crime is an unlawful act punishable by a state or other authority.
    • We have already talked about the meaning of the word “Tort” many times previously, Tort law is the area of the law that covers mostly civil suits and crime covers criminal part.

    Let’s look at some of the differences below :-

    Criminal matters are dealt in criminal courtsTort cases are dealt in civil courts
    If someone has committed a crime he/she is a ‘Criminal’ or ‘Offender’ 
    If someone commits a Tort he/she is a ‘Tortfeasor’
    Crime happens intentionallyIt happens mostly due to negligence
    In criminal case, the prosecution must prove two things: (1) Prove beyond reasonable doubt and (2) Evidences need to be proved because their lies presumption of innocenceIn Tort case, Plaintiff must prove two things: (1) the defendant committed the tort and (2) as a result of the tort, the plaintiff or the plaintiff’s property was injured
    Criminal cases are not compoundable Tort cases are compoundable

    In criminal cases, punishments are given, compensation for crimes is already mentioned in the book of law. Whenever the court has to decide the amount of compensation, they simply refer to the law book. In certain cases, judges use their personal judgments and refer to previous judgments. 

    Remedy of tort is relief to the injured person, Compensation for torts is given on the basis of the damages to the aggrieved party.
    Criminal Law is concerned with prosecutions against individuals brought by the state , for breaches of duties imposed for the protection of society. A tort is a civil wrong committed against an individual (including legal entities such as firms, companies), rather than against the state.