|Tort occurs when the right available to all the persons in general
(right in rem) is violated without the existence of any contract.
||Tort occurs when the right available to all the persons in general
(right in rem) is violated and it also seriously affects the society.
|Act is comparatively less serious and affects only the person.
||Act is comparatively more serious and affects the person as well as the society.
|Intention is usually irrelevant.
||Intention is the most important element in establishing criminal liability. A crime cannot happen without Mens Rea.
|It is a private wrong.
||It is a public wrong.
|Since it is a private wrong the wronged individual must file a suit himself for damages.
||Since it is a public wrong, the suit is filed by the govt.
|The suit is for damages.
||The suit is for punishment.
is possible between the parties. For example, a person who has been
defamed, can compromise with the defamer for a certain sum of money.
is no compromise for the punishment. For example, if a person is guilty
of murder, he cannot pay money and reduce his sentence.
|Compounding is possible.
||Compounding is generally not possible.
|Justice is met by compensating the victim for his injury and exemplary damages may also be awarded to the victim. In Bhim Singh vs State of J K AIR 1986
- the plaintiff was awarded exemplary damages for violation of his rights given by art 21.
||Justice is met
by punishing the aggressor by prison or fine. In some specific cases as
given in IPC compensation may be given to the victim.
|Tortious acts are usually not criminal acts.
||Several criminal acts such as assault and battery are also grounds for tortious suit.