Difference between Tort and Crime

 Difference between Tort and Crime

            

Tort	Crime
Tort occurs when the right available to all the persons in general (right in rem) is violated.	Crime 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. In most torts , However there are a few exception such as Malicious prosecution, defamation etc., where motive plays a part and are called intentional torts.	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 himself must file a suit for damages.	Since it is a public wrong, the suit is filed by the state
The suit is for damages.	The suit is for punishment.
Compromise is possible between the parties. For example, a person who has been defamed, can compromise with the defamer for a certain sum of money.	There 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 SC 494- 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.
Law of Torts is not codified. Tortious acts (with a few exceptions) are usually not criminal acts.	Law of crime is codified. Several criminal acts such as assault and battery are also grounds for tortious suit.