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ntroduction:
Legal terms often generally become a source of confusion. Two of the terms are Cr
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ime and Tort. Sometimes, people use them interchangeably but that is not thereali
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ty. Both terms are completely different from each other. Each of them has separ
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ate features and consequences. It becomes very essential to understand the real
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existence of these legal terms in order to understand the legal
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system properly. In this article, we will look at the meaning of crime and tort, andt
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he difference between tort and crime.
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What is Crime? p p
Undoubtedly, Crime is nothing but doing something wrong. Specifically, in this ca
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se, the impact is on society in general. There are special cases or acts which area cri
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me under the state legal system. In case, a person does any of the act, the law wi
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ll take necessary decisions of punishment in the court.
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Specifically, the proceeding takes place in the criminal court of law. Crimes whichg
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o against laws are already set for the protection of society. Moreover, it keeps pe
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ace ensuring everyone can have the right to live in a society, free of crimes.
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Crime is an illegal act for the following reasons:
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1. Firstly, crime goes against existing laws set-up in society.
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2. Secondly, crime affects the standard of living of law- p p p p p p p p
abiding citizenswho wish to live peacefully in society. p p p p p p p p
3. Lastly, a crime is an intentional act contravening human fundamentalr
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ights.
What is Tort? p p
Unlike a crime, tort is doing something wrong hampering individual parties. In leg
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al terms, a tort happens when negligence directly damages a person or his/her p
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roperty. There are different types of torts, but all of them result in injuryto a privat
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e person or property.
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, Negligence is the most common reason for tort. When a person unintentionallyh
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arms someone then the injured party can sue the defendant for his act. A strictliab
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ility tort becomes an issue if a private party is injured through a faulty product.
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Crime Tort
A Crime is wrongdoing which hampers the
p p p p p p p A Tort is wrongdoing which hampers thei
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social order of the society we live in.
p p p p p p p ndividual or his property. p p p
Crime happens mostly intentionally. It is a
p p p p p p p It happens mostly due to negligence. Tort is
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deliberate act which people do to get som
p p p p p p p phardly intentional. But it is still damagingto
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e unlawful benefits.
p p pthe individual.p
Crime impacts the well-
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Tort impacts the well-
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being of society ingeneral. The legal bodie
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being of the individual. The aggrieve
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s try to give proportional punishment to la
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d party seekscompensation for the d
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w offendersin order to maintain peace in s
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amages.
ociety.
Crimes are presented in the Criminal
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Torts are presented in the Civil Court.
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Court.
Compensation for torts is given on the p p p p p p p
Compensation for crimes is already p p p p p
basis of the damages to the aggrieved
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mentioned in the book of law. p p p p p
party.
2. Explain types of punishments to which offences are liable under IPC withs
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pecial reference to death sentence?
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,Introduction:
, Under the law, punishment is provided to cease the wrongdoer from committin
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g the crime again. Punishment is a consequence or result of a wrongcommitted
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by a person. Provision for punishment are provided under Sec 53 and chapter 3
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of the Indian Penal Code (IPC). The Section defines various kindsof punishments
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to which the offenders are liable under the Indian Penal Code.The punishment
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s given under Sec 53 apply only to offences given under this code.
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In India, the reformative theory is followed to provide punishment. The punis
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hment awarded should neither be so harsh nor so easy so that it fails toserve i
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ts purpose in generating impact on the offender and as an eye-
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openerfor others.it is considered that punishment should be of such a nature
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that itbrings reform in a person's personality and thinking.
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Sec 53 of the Indian Penal Code, 1860 prescribes 5 kinds of punishments.
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1. Death Penalty p
2. Life imprisonment p
3. Imprisonment
a. Rigorous
b. Simple
4.Forfeiture of property p p p
5. Fine p
Death Penalty p
Death penalty is also called the capital punishment. Under this punishment, ape
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rson is hanged till he dies. The infliction of death sentence or taking away the of
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fenders life by authority as a punishment for an offence is capital punishment o
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r death penalty. In India it is awarded in rarest of rare cases.
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It may be awarded as punishment in the following offences:
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a. Waging war against the government of India (Sec 121) p p p p p p p p
b. Abetting mutually actually committed (Sec 132) p p p p p
c. Giving or fabricating false evidence upon which an innocent persons
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uffers death (Sec 194) p p p