TORT and CRIME A COMPARISON FOR LEGAL STUDIES.pptx
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TORT and CRIME A COMPARISON FOR LEGAL STUDIES.pptx
- 1. TORT and CRIME COMPARISON DR. KANNAN KUNNATHULLY
- 2. O U T L I N E TORT TOPIC CRIME CAUSE OF ACTION ORIGN OF ACTION/OMMISSION COMMISSION OF CRIME INJURED PARTY ACTION BY STATE CIVIL WRONG NATURE OF WRONG OFFENCES COMPENSATE AGGRIEVED PARTY AIM OF LAW PUNISH THE OFFENDER COMPENSATION PRAYER – RELIEF SOUGHT PUNISH THE CRIMINAL DAMAGES RELIEF GRANTED PUNISHMENT CIVIL PROCEDURE COURT PROCEEDINGS CRIMINAL PROCEDURE CIVIL COURT COURT CRIMINAL COURT CIVIL JURISDICTION INCLUDING PECUNIARY JURISDICTION BASED ON PLACE OF OCCURANCE and GRAVITY (SERIOUSNESS) OF OFFENCE MENS REA IS IRRELEVANT CONSTITUTE MENS REA IS AN IMPORTANT ELEMENT INDIVIDUAL CIVIL RIGHT INFRINGMENT PUBLIC RIGHT AND DUTIES NARROW APPLICATION BROADER PETITIONER VS RESPONDENT/ DEFENDENT PARTIES PROSECUTION VS ACCUSED NO SUCH PRESUMPTION PRESUMPTION INNOCENCE COUNTERVAILING RIGHTS BURDEN (ONUS) OF PROOF PROSECUTION DISMISSAL OF PETITION FAILURE OF CLAIM ACQUITTAL OF ACUSSED INDIVIDUAL ACTION ENFORCEMENT EXECUTIVE GOVERNMENT
- 3. ORIGN OF ACTION/OMMISSION CAUSE OF ACTION COMMISSION OF CRIME TORT leading to the cause of action Commission of crime leads to the criminal proceedings In certain case the Action has both crime and Civil wrong. In such cases even if the crime is acquitted, the civil action still may possible In the negligent driving case, the crime may be acquitted by the insurance claim may be still maintainable
- 4. ACTION BY INJURED PARTY ACTION BY STATE Civil wrong is against a personal interest of a person or a group of person. Individual action is required Individual can decide to proceed with the case or not The crime is considered against the society as a whole. The state collectively as a single unit initiate criminal proceedings If the state does not take action, public may revolt against state.
- 5. NATURE OF WRONG CIVIL WRONG NATURE OF WRONG OFFENCES Judges decide the wrong even if it is not defined before. This leads to the presumption of ‘judge made laws. Offences defined by the law determines the wrong. Undefined crimes cannot be proceeded against an individual. (criminal does not have retrospective effect)
- 6. AIM OF LAW COMPENSATE AGGRIEVED PARTY AIM OF LAW PUNISH THE OFFENDER Justice has to be established in the society. An injury has to be compensated. The provide reasonable compensation is the aim of tort law. Crime has to be irradicated from the society. Punishing will reduce the crime or deter the offenders from further crime. To punish the criminal is the aim of law
- 7. PRAYER – RELIEF SOUGHT COMPENSATION PRAYER – RELIEF SOUGHT PUNISH THE CRIMINAL Relief for the victim is the primary objective by compensation Unforeseen circumstances other than act of god can be remedied by proportionated damages (unliquidated) Action against the society should not be left noticed Punishment may deter future crime as well Relief for the victim is not a part of punishment
- 8. RELIEF GRANTED DAMAGES RELIEF GRANTED PUNISHMENT Reasonable damages that the court thinks deem fit for balancing the civil wrong Damages may include other expenses as well Court has the discretion to weight and compensate for the tortious action Fixed by law Leniency in punishment is legal point to be argued Only punishment approved by the legal system (India follow a human right aspect of punishment. Inhuman treatment like solitary confinement, stoning, whipping, shooting, nailing etc are banned in India.
- 9. COURT PROCEEDINGS CIVIL PROCEDURE COURT PROCEEDINGS CRIMINAL PROCEDURE The nature of tort is closely connected with civil laws that the proceeding are also of civil nature The remedy is also of civil nature The enforcement is also as per the civil procedure laws. Criminal procedure has to be followed From commission to the disposal of the case
- 10. COURT CIVIL COURT COURT CRIMINAL COURT Civil and tortious claims are proceeded through the civil courts The jurisdiction is also determined by the pecuniary limit and place of action Criminal and quasi criminal matters are proceeded through the criminal court. Enforcement agencies mainly under the NB - The courts in India are broadly classified into two Civil and criminal. There is no special court for tort proceedings
- 11. JURISDICTION BASED ON CIVIL JURISDICTION INCLUDING PECUNIARY The court may vary from munsiff court, city civil court, small cause court, sub-court, District court and High court of Madras (Madras High Court has orginal jurisdiction in Civil matters) PLACE OF OCCURANCE and GRAVITY (SERIOUSNESS) OF OFFENCE The court may vary for magistrate court, chief judicial magistrate, Sessions Court and special courts constituted with the powers of Sessions court
- 12. CONSTITUTE MENS REA IRRELEVANT CONSTITUTE MENS REA IS AN IMPORTANT ELEMENT Intention to commit tort is irrelevant. Even with out intention, the tortious liability can still be attributed to the tortfeasor/wrongdoer. Absence of intention will not relieve the tortious obligation to compensate for the injury Mental intention is essential to constitute crime (general rule). Sine qua non of the crime includes mental aspect like preparation etc. Absence of intention to commit crime is a valid defence available to accused
- 13. INFRINGMENT INDIVIDUAL CIVIL RIGHT INFRINGMENT PUBLIC RIGHT AND DUTIES Only individual right is infringed Can be pardoned by the individual The claim is the discretion of the individual Society as a whole is affected. Crime is considered as an action against the society If not regulated, will affect the equilibrium of the society
- 14. APPLICATION NARROW BROADER Court made interpretation of tort Limited to the statement of the court and related development in law Very narrow compared to crime Legislature defines crime Defined Crime scattered in may legislation Penal code Tax crime Cyber crime Narcotic drugs offences Wild life animal etc
- 15. PARTIES PETITIONER VS RESPONDENT/ DEFENDENT PARTIES PROSECUTION VS ACCUSED PETITIONER VS RESPONDENT/ DEFENDANT Private petition in the civil nature The injured or the immediate kin (relative) can file case on behalf of the injured person. PROSECUTION VS ACCUSED Private party complain has limited scope to proceed with criminal case. Private complaint can be used to seek court to instruct police to initiate proceeding
- 16. PRESUMPTION NO SUCH PRESUMPTION PRESUMPTION INNOCENCE No such presumption available Innocence until proved guilty beyond doubt An action can comstitute both crime and tort. Escape of criminal liability cannot take away the right to claim under tort Tort proceeding can still continue even the crime charged is acquitted by the court. In negligent driving causing injury, acquittal from crime cannot discard the insurance claim for tortious actions.
- 17. BURDEN (ONUS) OF PROOF COUNTERVAILING RIGHTS PROSECUTION Both parties may have countervailing rights which may provide reciprocal duties. Cannot be dismissed on a mere doubt of pletitiner case Burden to prove beyond doubt No cloud of doubt, should be clear Absolute obligation to prove beyond doubt
- 18. FAILURE OF CLAIM DISMISSAL OF PETITION FAILURE OF CLAIM ACQUITAL OF ACUSSED Dismissal of the suit Limitation law will be applicable. Acquittal of an accused Will not automatically relieve from civil obligations. He will not be considered as criminal. Cannot reopen the case
- 19. ENFORCEMENT INDIVIDUAL ACTION ENFORCEMENT EXECUTIVE GOVERNMENT Private individual action is essential Individual or personal right is affected If person decide not to take action, there is no claim Executive government is the authority Public right is affected In police did not take action, society may revolt against government.
- 20. THANK YOU