Define 'crime' and the nature and scope of crime distinguish it from tort the same act constitute a crime as well as a tort
1. Meaning, definition and nature of crime
2. Distinction between crime and tort
3. points to Remember
Meaning, definition and nature of crime:
Rule breaking is called 'crime'. Criminal law protects person and property. Crime is a public wrong. Crime is an offence against society and forbidden by law. Crimes differ from country to country and change from time to time.
Eg. During 18th Century, Sati Sahagamanamu was not crime in India.
"Blackstone" An act committed or omitted in violation of a public law forbidding or commanding it.
Eg. careful driving
Omission means a thing, which a person must not do.
Eg. Careless driving.
"Sir James Stephen" An act, which is both forbidden by law and revolting to the moral sentiments of the society.
"Professor kenny" Wrongs whose sanctions is punitive and is in no way remissible by any private person by remissible by the crown alone if remissible at all.
Distinction between crime and tort:
1. Tort is a civil wrong.
2. Civil proceedings in civil Court.
3. Action for compensation.
4. Civil law protects the individual.
5. Injured person starts action.
6. Guilty intention is not required.
7. Burden of proof lies on injured.
8. Civil law is not codified.
9. Civil law is latest branch of law
10. Tort is not dangerous to society.
11. Natural principles of law followed.
12. Eg. accidents, negligence etc.
1. Crime is a public wrong.
2. Proceedings in criminal Court
3. Action for punishment.
4. Criminal law protects the society.
5. Government starts action.
6. Guilty intention is required.
7. Burden of proof lies on the State.
8. Criminal law is codified.
9. Criminal law is oldest branch of law.
10. Crime is dangerous to the society.
11. Strict rules, prodedures are followed.
12. Eg. Murder, Rape, Theft etc.
A. Crime is a public wrong.
B. Crime is an offence against the society.
C. Criminal law protects person and property.
D. Crime is an act committed in violation of a public law.
E. Crime is an act which is both forbidden by law and sentiments
F. Crime is any act which is penalized by the State.
G. Tort is civil wrong and crime is public wrong.
H. In tort intention not necessary, in crime intention is must.
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