Crime & tort

Crime & tort

Definition of Tort:- The term derives from Latin tortum, meaning
“something twisted, wrong, or crooked.” The concept encompasses only
those civil wrongs independent of contracts.
1) a wrongful act or an infringement of a right (other than under contract)
leading to legal liability.
2) A tort, in common law jurisdictions, is a civil wrong that causes a
claimant to suffer loss or harm, resulting in legal liability for the person
who commits the tortious act. It can include the intentional infliction of
emotional distress, negligence, financial losses, injuries, invasion of
privacy and many other things.
3) an action that is wrong but can be dealt with in a civil court rather than a
criminal court.
4) A tort is an act that causes injures to someone in some way, and for
which the injured person may sue the wrongdoer for damages.
5) The body of the law which allows an injured person to obtain
compensation from the person who caused the injury.
6) "A civil wrong, other than a breach of contract, which the law will redress
by an award of damages.“
7) "The breach of a duty, primarily fixed by law, towards persons generally
which is redressible by an action for unliquidated damages."
 Crime & tort
8) An area of law that deals with the wrongful actions of an individual or
entity, which cause injury to another individual’s or entity’s person,
property, or reputation, and which entitle the injured party to
compensation.
9) The legal term tort refers to an action in which one person or entity
causes injury, harm, or damage to another person or entity.
10) Sir John Salmond’s Definition- Tort is a civil wrong for which remedy is
a common law action for unliquidated damages, and which is not
exclusively the breach of contract, or the breach of trust, or other
merely equitable obligation.
11) Prof. P.H. Winfield’s Definition- Tortious liability arises from the breach
of duty primarily fixed by law. This duty is towards persons generally
and it’s breach is repressible by an action for an unliquidated
damages.
12) Fraser’s Definition- Tort is an infringement of a right in rem (right in
general) of a private individual giving a right of compensation at the
suit of the injured party.
13) An injury or a wrong committed with or without force to the person or
property of another, and such injury may arise by either the
nonfeasance, malfeasance or misfeasance of the wrongdoer.
 Crime & tort

Malfeasance :- wrongdoing, especially by a public official. An

example of dishonest and illegal behaviour, especially by a
person in authority
Misfeasance :- a transgression, especially the wrongful exercise
of lawful authority. The performance of a lawful action in an
illegal or improper manner
Nonfeasance :- failure to perform an act that is required by law.
The failure to do what ought to be done.
 Crime & tort
Definition of Crime :-
1) Paul Tappan defines crime as “an intentional act or omission in violation of
criminal law, committed without defence or justification, and sanctioned by
the state as a felony or misdemeanour.”
2) In ordinary language, a crime is an unlawful act punishable by a state or other
authority.
3) is an act harmful not only to some individual but also to a community, society,
or the state ("a public wrong"). Such acts are forbidden and punishable by law.
4) Dr David Scott discusses the concept of crime in terms of a legalistic
perspective :- a crime is an act which is illegal. It’s against the law. Specifically
it is against the criminal law. In so doing the act will have certain aspects to it
- it will have an aspect of criminal harm and it will have an aspect of criminal
blame.
5) It is the violation of Right when considered to the evil tendency of such
violation, as regards the community at large.
6) The Prevention of Crime Act 1872 defines “Crime” is either felonies or
specified offences of misdemeanours.
7) “Crime "is an unlawful act, default (omission) or conduct prejudicial to the
community, the commission of which by law renders the person responsible,
liable for punishment.
 Crime & tort
8. “Crime” is an act or omission prohibited by law as injurious
to the Public and punished by the State.
9. A “Crime” is an unlawful act or default, made unlawful by
the State for the good of Public at large, which if
committed tends prejudice the community, and as
consequence of that the actor is made liable for taking the
pain of punishment inflicted at the suit by the State.
Difference in Crime & tort
crime
1) Crime is a wrong against the
whole society.
2) In crime the proceedings are
initiated in the criminal court.
3) In crime prescribed punishment
is meted out in the form of
hanging or imprisonment etc.
and it is the responsibility of
State to bring to book a person
who has committed crime.
4) The Rules of Criminal
Procedure Code, 1898 are
applied in case of Crime.
5) In tort the State prosecutes
regardless the wishes of the
person who has been involved
in an offence.
tort
1) Tort is a wrong only against
an individual.
2) In torts the proceedings
starts in Civil Court.
3) In tort damages are payable
to the person against whom
wrong has been committed.
It is up to the individual to
bring action in the Civil
Court.
4) The rules of the Code of Civil
Procedure, 1908 are applied
in cases of tort.
5) State does not prosecute
except to provide a
machinery of justice
Difference in Crime & tort
crime tort
6) Rules of evidence in Crime 6) In Tort evidence is weighed
are different form those in on balance of probability
Civil Cases. Crimes involve and emphasis is on
the mens rea . The compensation.
prosecution has to prove the
guilt of accused.
7) In crime compromise is only 7) In torts, an individual can
possible in cases of compromise litigation with
compoundable offences. his opponent.
8) A crime is a public wrong. 8) A Tort is a private wrong
9) while crime is a public 9) A tort is an infringement or
wrong. Crime is a breach privation of the civil rights
and violation of the public which belong to
rights and duties due to the individuals.
whole community, in its
social aggregate capacity.
 Functions of criminal law
Criminal Law :-
I. A system of law concerned with the punishment of offenders.
II. That body of the law that deals with conduct considered so harmful
to society as a whole that it is prohibited by statute, prosecuted and
punished by the government.
III. The part of the legal system that relates to punishing people who
break the law.
IV. A body of rules and statutes that defines conduct prohibited by the
government because it threatens and harms public safety and
welfare and that establishes punishment to be imposed for the
commission of such acts.
V. The body of law that defines criminal offenses, regulates the
apprehension, charging, and trial of suspected persons, and fixes
penalties and modes of treatment applicable to convicted offenders.
VI. Criminal law concerns the system of legal rules that define what
conduct is classified as a crime and how the government may
prosecute individuals that commit crimes.
VII. Criminal Law is that body of law, whether dealing with mala
prohibita or mala in se, the infraction of which is a Crime or an
 Functions of criminal law
The criminal law, limits and controls the legitimate exercise by the State of its
coercive power to investigate crime and prosecute, convict and punish criminals.
Secondly, the criminal law operates as a guide to the citizen indicating the limits
of legitimate activity -on his part and predicting the consequences of infraction
of the criminal law. Criminal law set the parameters within which the criminal
justice system operates. By that way it serves several purposes and benefits
society in the following ways:
Maintaining order:-. Criminal law provides predictability, letting people know
what to expect from others. Without criminal law, there would be chaos and
uncertainty.
Resolving disputes:-. The law makes it possible to resolve conflicts and
disputes between quarrelling citizens. It provides a peaceful, orderly way to
handle grievances.
Protecting individuals and property:-. Criminal law protects citizens from
criminals who would inflict physical harm on others or take their worldly goods.
Providing for smooth functioning of society:-. Criminal law enables the
government to collect taxes, control pollution, and accomplish other socially
beneficial tasks.
Safeguarding civil liberties. :- Criminal law protects individual rights. It
provides sufficient safeguards against the corruption of others, i.e. young, weak
or poor are to be protected. Besides that it also protect the public morality.
 Criminal liability
Liability is the responsibility for a crime and for the penalty society exacts for the
crime. a person who has committed a crime must “pay her debt to society.” Society
accounts for the debt by imposing a penalty upon the criminal, such as prison time
or, other major or minor penalty.
1) Deborah C. England :- A person is liable, or responsible, for a crime when he
or she has acted with criminal intent, as opposed to acting accidentally or
lacking the ability to act deliberately.
2) Liability of responsibility is the bond of necessity that exists between the
wrongdoer and the remedy of the wrong. In criminal liability the wrongdoer is
to pay the penalty prescribed by Law through courts (Judgment).
3) “Criminally Liable,” it means you may be held legally responsible for
breaking the law. You actually committed the crime, or that you are simply
suspected of committing it. If the liability is proven in court, you will be held
responsible for the crime and sentenced accordingly.
To make an individual criminal liable for a crime :-
(i) Mens Rea, (The Guilty Mind), (ii) Actus Reus (Criminal Act), (iii) Intention and
(iv) Knowledge
Requirement :- Concurrence of Mens Rea and Actus Reus Required, (iv) Legal
Excuse: The Affirmative Défense, and (v) Beyond a Reasonable Doubt.
 actus reus
Meaning :-
1) Every crime must be considered in two parts-the physical
act of the crime (actus reus) and the mental intent to do
the crime (mens rea). Actus reus is commonly defined as a
criminal act that was the result of voluntary bodily
movement. This describes a physical activity that harms
another person or damages property.
2) The wrongful act that makes up the physical action of a
crime.
3) A criminal action regarded as a constituent element of a
crime, as compared with the THE state
PERSONof STATE
mind OF
of the
perpetrator. These are physicalMIND
acts OR
that make up element
INTENT
of crime.
CRIME MENS REA
THE ACTUAL PHYSICAL ACT
OF COMMITTING THE
CRIME ACTUS REUS
 MENS REA
Meaning :- Latin word for a guilty mind, or criminal intent in committing
the act. It is, the term used to describe the mental element required to
constitute a crime. These are the thoughts and intentions behind a
wrongful act (including knowledge that the act is illegal). actus non facit
reum, nisi mens sit rea, which means "the act is not culpable
unless the mind is guilty". A man is not responsible for his acts in
themselves, but for his acts coupled with the mens rea or guilty mind with
which he performs them.
1) The intention or knowledge of wrongdoing that constitutes part of a
crime, as opposed to the action or conduct of the accused.
2) A criminal intention or knowledge that an act is wrong. It is assumed
to be an ingredient of all criminal offences.
3) A person's awareness of the fact that his or her conduct is criminal, is
the mental element,
4) A guilty mind, a conscious knowing by the perpetrator that the act
s/he committed was illicit.
5) the state of mind of a person at the time they commit a criminal
offence. In such cases, the mens rea - or mental state of the offender
at the time he committed the offence - must be proved to be either
 MENS REA
Illustrations :-
i. A pedestrian steps off the curb in front of driver William,
who slams on his breaks in an attempt to stop, but ends up
hitting and killing the pedestrian. Although William
technically killed the pedestrian, he had no intent to cause
harm, and therefore no “guilty mind.” This is considered an
accident, not a criminal act.
ii. William had been driving around looking for a man he was
angry with, with the intent of getting revenge. The man
steps off the curb in front of William, who speeds up,
hitting and killing the man. In this case, William obviously
had the intent to find and harm the man, making this a
criminal act for which William may be charged for murder.
 MENS REA
The Model Penal Code recognizes five wrongs having different levels of mens rea:
purpose (same as intent), knowledge, recklessness and negligence and
wrongs of strict liability.
i. Purpose: A person acts purposefully (intentionally) if he acts with the intent
that his action causes a certain result. In other words, the defendant
undertakes his action either intending for, or hoping that, a certain result will
follow.
ii. Knowledge: A person acts knowingly if he is aware that his conduct will
result in certain consequences. In other words, a person acts knowingly if he is
aware that it is practically certain that his conduct will cause a specific result.
iii. Recklessness: A person acts recklessly if he is aware of a substantial risk
that a certain result will occur as a result of his actions. The risk must be
substantial enough that the action represents a gross deviation from what a
reasonable law abiding person would do.
iv. Negligence: A person acts negligently if they should have been aware of a
substantial and unjustifiable risk that a certain consequence would result from
their actions.
v. Wrongs of strict liability :- In which mens rea is not required to impose the
liability, neither wrongful intent not culpable negligence is to be considered as
a necessary conditions of responsibility, and defences like mistake are of not
avail.
 Intention or purpose
Meaning & definition :-
1. The intent to commit a crime: malice, as evidenced by a criminal act;
an intent to deprive or defraud the true owner of his property.
2. A determination to perform a particular act or to act in a particular
manner for a specific reason; an aim or design; a resolution to use a
certain means to reach an end.
3. In criminal law, intent is a subjective state of mind that must
accompany the acts of certain crimes to constitute a violation.
4. Criminal intent means the intent to do something wrong or forbidden
by law. It refers to the state of mind accompanying an act especially a
forbidden act. It is the outline of the mental pattern which is
necessary to do the crime.
5. Criminal intent is the conscious decision someone makes to
deliberately engage in an unlawful or negligent act, or to harm
someone else.
6. An intention is the purpose or design with which an act is done. This
may consist of an intention to perform further act, an intention to
bring about certain consequences or perhaps merely an intention to
do the act itself.
 Intention or purpose
Illustrations :-
a) Rob and Andrew are out in a field near the airport in their small town,
drinking beer and watching planes land. They decide that the blue lights
out there would be cool to own, so they take turns sneaking out into the
field, unscrewing a light bulb, then stashing them in their car. They
knew the lights were owned by the airport, and were in use. They knew
they were trespassing, and had to know that taking the lights could put
others in danger. Yet, they stole the lights with intent to deprive the
rightful owner of them, and to convert them to their own use.
b) Rob and Andrew know there is an old airport outside their small town,
which they believe to be abandoned. While exploring, they discover blue
lights they would like to have. Being sure the airport is no longer in use,
the boys take the lightbulbs, stashing them in their car. They truly
believed the airport was no longer being used. While they must have
known they were trespassing on private property, they thought they
were taking abandoned property – lights that were no longer in use.
They did not intend to deprive the rightful owner.
c) My intention in buying a gun may be to kill some one with it: my
intention in shooting at X may be to cause his death: but if is described
not at shooting at X but as killing him, then my intention can be said to
kill him.
 Types of Intention or purpose

• Malice afterthought
• Intention to Kill
serious

• Specific Intention
Less • intent to bring about a certain illegal result
Seriou • do something illegal other than the criminal act
s

• General intention
• simply the intention to perform the criminal act
Least • which is presumed from the act of commission
Serious
 knowledge
Meaning :-
1) Mere awareness in the mind of the consequences of the act.
2) Knowledge is one of the degrees of mens rea that constitute
part of a crime. The mens rea of knowledge refers to
knowledge about certain facts. It is "a positive belief that a
state of affairs exists.“
3) A person while acting knowingly and is aware that his conduct
will result in certain consequences. In other words, a person
acts knowingly if he is aware that it is practically certain that
his conduct will cause a specific result.
4) Means a person "must have known" as opposed to "should
have known.“ (Actual Knowledge)
5) Matters that a person is supposed to know or could have found
out. (Constructive Knowledge)
The word “knowingly” in law means consciously or with
knowledge, or of the nature of his conduct and did not act through
ignorance, mistake, or accident. It refers to actual knowledge