UNIT I

INTRODUCTION
 LAW

CIVIL CRIMINAL
DIFFERENCE BETW EEN CIVIL AND CRIMINAL LAW

● Meaning- Civil law deals with acts related to individuals to which harm caused
can be repaid by compensation or monetary relief. Criminal law deals with a
crime that causes damage to a person which is an offence against society as
well. The relief of crime committed is to charge the person with Imprisonment.

● Procedural Law - Code of Civil Procedure, 1908 BHARATIYA NAG RIK

SU RAKSHA SANHITA,2023

● Infringement- Infringement of private rights Infringement of public rights

● Examples of Acts Negligence, Invasion of privacy, Trespass etc. Murder,

Rape, Kidnapping, theft etc.
● Liability - It creates a private liability against an individual or
an organisation. It creates a liability for the preparator
against society and the victim.
● Punishment - Justice is given by providing monetary relief
against the damages in most cases. Justice is given by
providing the accused imprisonment for a term or fine or
both.
● triable - Cases under Civil law are triable under Civil Court
or equivalent tribunals. Cases under Criminal law are tried
under Criminal Court or Sessions Court.
● Objective Objective of Civil law is dispute resolution
between Individuals Objective of Criminal law is providing
justice to the victim by the accused.
 U NIT I - INTRODU CTION
● 5 topics under unit 1
(a) Meaning, Nature and Functions ofLaw of Torts and
Pigeon Hole Theory
(b) Constituents of a Tort: W rongful Act, Injury and Remedy-
Damnum sine injuria and Injuria sine Damnum
(c) Mental Elements - Malice, Negligence, Motive,
Malfeasance
(d) Distinction between:
1. Tort and Contract
2. Tort and Crime
3. Tort and other situations of Restitution
4. Tort and liability on Bailment
MEANING

The word tort is derived from the Latin word

tortum which means twisted or crooked or wrong.

● Everyone is expected to behave in a

straightforward manner and when one deviates
from this straight path into crooked ways he
has committed a tort.

● Hence tort is a conduct which is twisted or

crooked and not straight.
● As a technical term of English law, tort has
acquired a special meaning as a species of civil
injury or wrong.
●W henever there is a right there is duty
attached with that right. duty to
respect legal right of others in society
●Law of torts consists of various torts
or wrongful acts whereby the
wrongdoer violates right of another
●Tort GIVE rise to a civil cause of action
and for which compensation is
recoverable.
● .
● .
● Thus there are, for example,
duties not to assault another
person, not to trespass (entering
onto land without the consent of
the landowner) on another’ s
land, not to take another’ s goods.
●Definitions of Tort
●1. Tort means a Civil W rong
which is not exclusively a
Breach of Contract or Breach of
Trust- S. 2(m), the Limitation
Act, 1963.

●2. It is a Civil W rong for which

the remedy is a common law
action for unliquidated
damages and which is not
exclusively the Breach of
Contract or the Breach of Trust
 W e may define tort as:
● Civil wrong which is redressible by an
action for unliquidated damages and
which is other than a mere breach of
contract or breach of trust.
Thus it may be observed that :
● Tort is a civil wrong.
● Tort is other than a mere breach of
contract or breach of trust.
● This wrong is redressible by an action
for unliquidated damages.
Characteristics/Nature of a Tort
●Tort is a private wrong that contravenes
the legal right of an individual or a
group.
●The person who engages in tort is
called “ tort- feasor” or
“ W rongdoer” .
●The place of trial for tort is Civil Court.
●Tort litigation is compoundable which
means that the complainant can
withdraw the suit filed by him.
●Tort is a specie of infringement (the act
of breaking the terms of a law,
agreement, etc.; violation) of a person’ s
FU NCTIONS OF LAW OF
TORTS
● The Law of Torts serves three
primary functions, each playing a
crucial role in preserving the balance
of societal norms and individual
rights:

● Compensation: The first and most immediate

function of the Law of Torts is to compensate
victims for the harm they've experienced. This
function operates under the principle of
restoring victims to the position they were in
before the occurrence of the tort. The
compensation often comes in the form of
monetary damages paid by the wrongdoer.
● Deterrence: The second function of the Law
of Torts is to deter potential wrongdoers from
engaging in harmful actions. By imposing
penalties or obligations to pay compensation,
it discourages individuals from repeating
such actions in the future, thus fostering a
safer society.
● Social Justice: The third function extends
beyond individuals and addresses society at
large. The Law of Torts promotes social
justice by ensuring a fair distribution of the
burdens resulting from wrongful acts. It
curtails the social costs of harmful behavior,
ensuring the burden doesn't fall
disproportionately on innocent parties.
The Main purpose of Law of Torts in India

The main purpose of Law of Torts is to

provide compensation to the person who
has suffered injuries.
Thus, the main purpose of Law of Torts is to
promote peace in the society.
 Pigeon hole theory

According to Salmond, “ Tort is a civil wrong for which

the 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.”

The entire pigeon- hole theory laid down by Salmond

seeks to answer two questions-
Should the law of torts be restricted to the torts that
strictly fall within its purview?
Should every act deemed wrongful and committed
without any justification, be classified as a tort?
● According to Salmond, no single principle can be
applied to ascertain the liability of the wrongdoer.
● Only well- defined wrongs should be considered as tort
and confined within a small box known as a pigeon
hole.
● These smaller holes would represent assault, slander,
battery, malicious prosecution, and all the recognized
wrongs. He was against having a general approach to
the law of tort.
● A remedy would be available for only those wrongs
which would fall under the established torts and the
burden of proof would be on the plaintiff to establish
that the wrong would come under the ambit of a
specific, identified tort.
● If a wrong would not be a part of any of these holes, no
claim could arise .
 Conclusion
● The law of torts is uncodified and emanates from
precedents. It is heavily dependent on the facts
and circumstances of each case that is brought
under it.

● The pigeon- hole theory might have been relevant

in its time but with the expanding interpretation of
the courts, it finds no room in the courts of law
today.

● The debate around ‘tort’ and ‘torts’ is endless but

the Supreme Court in the case of Jay Laxmi Salt
W ords Ltd v. State Of G ujarat (1994) stated that it
is unthinkable to limit the law of torts considering
that it is still in its development stages.