1. What is crime? Explain the difference between crime and tort?
Introduction:
Legal terms often generally become a source of confusion. Two of the terms are
Crime and Tort. Sometimes, people use them interchangeably but that is not
the reality. Both terms are completely different from each other. Each of them
has separate features and consequences. It becomes very essential to
understand the real existence of these legal terms in order to understand the
legal
system properly. In this article, we will look at the meaning of crime and tort,
and the difference between tort and crime.
What is Crime?
Undoubtedly, Crime is nothing but doing something wrong. Specifically, in this
case, the impact is on society in general. There are special cases or acts which
are a crime under the state legal system. In case, a person does any of the act,
the law will take necessary decisions of punishment in the court.
Specifically, the proceeding takes place in the criminal court of law. Crimes
which go against laws are already set for the protection of society. Moreover, it
keeps peace ensuring everyone can have the right to live in a society, free of
crimes.
Crime is an illegal act for the following reasons:
1. Firstly, crime goes against existing laws set-up in society.
2. Secondly, crime affects the standard of living of law-abiding
citizens who wish to live peacefully in society.
3. Lastly, a crime is an intentional act contravening human
fundamental rights.
What is Tort?
Unlike a crime, tort is doing something wrong hampering individual parties. In
legal terms, a tort happens when negligence directly damages a person or
his/her property. There are different types of torts, but all of them result in
injury to a private person or property.
, Negligence is the most common reason for tort. When a person unintentionally
harms someone then the injured party can sue the defendant for his act. A
strict liability tort becomes an issue if a private party is injured through a faulty
product.
Crime Tort
A Crime is wrongdoing which hampers the A Tort is wrongdoing which hampers the
social order of the society we live in. individual or his property.
Crime happens mostly intentionally. It is a It happens mostly due to negligence. Tort
deliberate act which people do to get is hardly intentional. But it is still damaging
some unlawful benefits. to the individual.
Crime impacts the well-being of society in
general. The legal bodies try to give Tort impacts the well-being of the
proportional punishment to law offenders individual. The aggrieved party seeks
in order to maintain peace in society. compensation for the damages.
Crimes are presented in the Criminal
Court. Torts are presented in the Civil Court.
Compensation for crimes is already Compensation for torts is given on the
mentioned in the book of law. basis of the damages to the aggrieved
party.
2. Explain types of punishments to which offences are liable under IPC with
special reference to death sentence?
Introduction:
,Under the law, punishment is provided to cease the wrongdoer from
committing the crime again. Punishment is a consequence or result of a wrong
committed by a person. Provision for punishment are provided under Sec 53
and chapter 3 of the Indian Penal Code (IPC). The Section defines various kinds
of punishments to which the offenders are liable under the Indian Penal Code.
The punishments given under Sec 53 apply only to offences given under this
code.
In India, the reformative theory is followed to provide punishment. The
punishment awarded should neither be so harsh nor so easy so that it fails to
serve its purpose in generating impact on the offender and as an eye-opener
for others.it is considered that punishment should be of such a nature that it
brings reform in a person's personality and thinking.
Sec 53 of the Indian Penal Code, 1860 prescribes 5 kinds of punishments.
1. Death Penalty
2. Life imprisonment
3. Imprisonment
a. Rigorous
b. Simple
4.Forfeiture of property
5. Fine
Death Penalty
Death penalty is also called the capital punishment. Under this punishment, a
person is hanged till he dies. The infliction of death sentence or taking away
the offenders life by authority as a punishment for an offence is capital
punishment or death penalty. In India it is awarded in rarest of rare cases.
It may be awarded as punishment in the following offences:
a. Waging war against the government of India (Sec 121)
b. Abetting mutually actually committed (Sec 132)
c. Giving or fabricating false evidence upon which an innocent person
suffers death (Sec 194)
, d. Murder (Sec 302)
e. Murder by life convicts (Sec 303)
f. Abetment of suicide of a minor or an insane or intoxicated person (Sec
305)
g. Dacoity accompanied with murder (Sec 396)
h. Kidnapping for ransom (Sec 364A)
Case Law
1. Bachan Singh Vs the State of Punjab (AIR 1980 SC 898,1980)
Upheld the validity of the death penalty, but the court restricted the
provision of the death penalty in rarest of rare cases only. If the case
falls under this theory, then capital punishment may be given.
2. Jagmohan Singh Vs State of Uttar Pradesh (1973 AIR 947,1973 SCR
(2)541)
The death penalty is unconstitutional and hence invalid as a punishment.
The Supreme Court held the death penalty as valid. It held that
deprivation of life is constitutionally lawful if that is done according to
the procedure set by law.
Life Imprisonment
The words imprisonment for life was substituted for transportation for life by
Act XXVI of 1955.In its ordinary connotation imprisonment for life means
imprisonment for the whole of the remaining life period of the convicted
person's natural life. According to Sec57 imprisonment for life shall be
reckoned as equivalent to imprisonment for 20 years. But only for calculating
fractions of terms of punishment imprisonment for life shall be reckoned as
equivalent to imprisonment for 20yrs.But otherwise the sentence of
imprisonment for life is of indefinite duration.
Case Law
1. Bhagirath and Ors Vs. Delhi Administration (1985 AIR 1050)
The supreme court of India defined imprisonment for life as
imprisonment for the remainder of the natural life of the convict. If life
imprisonment is given to a person, he shall stay in the prison for a
minimum of 14 years and the maximum is the rest of his life.
Introduction:
Legal terms often generally become a source of confusion. Two of the terms are
Crime and Tort. Sometimes, people use them interchangeably but that is not
the reality. Both terms are completely different from each other. Each of them
has separate features and consequences. It becomes very essential to
understand the real existence of these legal terms in order to understand the
legal
system properly. In this article, we will look at the meaning of crime and tort,
and the difference between tort and crime.
What is Crime?
Undoubtedly, Crime is nothing but doing something wrong. Specifically, in this
case, the impact is on society in general. There are special cases or acts which
are a crime under the state legal system. In case, a person does any of the act,
the law will take necessary decisions of punishment in the court.
Specifically, the proceeding takes place in the criminal court of law. Crimes
which go against laws are already set for the protection of society. Moreover, it
keeps peace ensuring everyone can have the right to live in a society, free of
crimes.
Crime is an illegal act for the following reasons:
1. Firstly, crime goes against existing laws set-up in society.
2. Secondly, crime affects the standard of living of law-abiding
citizens who wish to live peacefully in society.
3. Lastly, a crime is an intentional act contravening human
fundamental rights.
What is Tort?
Unlike a crime, tort is doing something wrong hampering individual parties. In
legal terms, a tort happens when negligence directly damages a person or
his/her property. There are different types of torts, but all of them result in
injury to a private person or property.
, Negligence is the most common reason for tort. When a person unintentionally
harms someone then the injured party can sue the defendant for his act. A
strict liability tort becomes an issue if a private party is injured through a faulty
product.
Crime Tort
A Crime is wrongdoing which hampers the A Tort is wrongdoing which hampers the
social order of the society we live in. individual or his property.
Crime happens mostly intentionally. It is a It happens mostly due to negligence. Tort
deliberate act which people do to get is hardly intentional. But it is still damaging
some unlawful benefits. to the individual.
Crime impacts the well-being of society in
general. The legal bodies try to give Tort impacts the well-being of the
proportional punishment to law offenders individual. The aggrieved party seeks
in order to maintain peace in society. compensation for the damages.
Crimes are presented in the Criminal
Court. Torts are presented in the Civil Court.
Compensation for crimes is already Compensation for torts is given on the
mentioned in the book of law. basis of the damages to the aggrieved
party.
2. Explain types of punishments to which offences are liable under IPC with
special reference to death sentence?
Introduction:
,Under the law, punishment is provided to cease the wrongdoer from
committing the crime again. Punishment is a consequence or result of a wrong
committed by a person. Provision for punishment are provided under Sec 53
and chapter 3 of the Indian Penal Code (IPC). The Section defines various kinds
of punishments to which the offenders are liable under the Indian Penal Code.
The punishments given under Sec 53 apply only to offences given under this
code.
In India, the reformative theory is followed to provide punishment. The
punishment awarded should neither be so harsh nor so easy so that it fails to
serve its purpose in generating impact on the offender and as an eye-opener
for others.it is considered that punishment should be of such a nature that it
brings reform in a person's personality and thinking.
Sec 53 of the Indian Penal Code, 1860 prescribes 5 kinds of punishments.
1. Death Penalty
2. Life imprisonment
3. Imprisonment
a. Rigorous
b. Simple
4.Forfeiture of property
5. Fine
Death Penalty
Death penalty is also called the capital punishment. Under this punishment, a
person is hanged till he dies. The infliction of death sentence or taking away
the offenders life by authority as a punishment for an offence is capital
punishment or death penalty. In India it is awarded in rarest of rare cases.
It may be awarded as punishment in the following offences:
a. Waging war against the government of India (Sec 121)
b. Abetting mutually actually committed (Sec 132)
c. Giving or fabricating false evidence upon which an innocent person
suffers death (Sec 194)
, d. Murder (Sec 302)
e. Murder by life convicts (Sec 303)
f. Abetment of suicide of a minor or an insane or intoxicated person (Sec
305)
g. Dacoity accompanied with murder (Sec 396)
h. Kidnapping for ransom (Sec 364A)
Case Law
1. Bachan Singh Vs the State of Punjab (AIR 1980 SC 898,1980)
Upheld the validity of the death penalty, but the court restricted the
provision of the death penalty in rarest of rare cases only. If the case
falls under this theory, then capital punishment may be given.
2. Jagmohan Singh Vs State of Uttar Pradesh (1973 AIR 947,1973 SCR
(2)541)
The death penalty is unconstitutional and hence invalid as a punishment.
The Supreme Court held the death penalty as valid. It held that
deprivation of life is constitutionally lawful if that is done according to
the procedure set by law.
Life Imprisonment
The words imprisonment for life was substituted for transportation for life by
Act XXVI of 1955.In its ordinary connotation imprisonment for life means
imprisonment for the whole of the remaining life period of the convicted
person's natural life. According to Sec57 imprisonment for life shall be
reckoned as equivalent to imprisonment for 20 years. But only for calculating
fractions of terms of punishment imprisonment for life shall be reckoned as
equivalent to imprisonment for 20yrs.But otherwise the sentence of
imprisonment for life is of indefinite duration.
Case Law
1. Bhagirath and Ors Vs. Delhi Administration (1985 AIR 1050)
The supreme court of India defined imprisonment for life as
imprisonment for the remainder of the natural life of the convict. If life
imprisonment is given to a person, he shall stay in the prison for a
minimum of 14 years and the maximum is the rest of his life.
