DISTINCTION BETWEEN LAW OF TORT AND CRIMINAL LAW

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Offline Talukdar Rasel Mahmud

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DISTINCTION BETWEEN LAW OF TORT AND CRIMINAL LAW
« on: April 11, 2015, 04:32:04 PM »
I. AS TO PARTIES:
In tort parties are known as plaintiff and defendant.
In criminal law, parties are known state and accused.
II. AS TO PUNISHMENT:
Tortfeasor has to pay damages.
Criminal are sent to prison.
III. AS TO PROCEDURE:
In tort, proceedings are regulated by civil procedure code 1908.
Proceeding are regulated by the criminal procedure code 1898.
IV. AS TO INTENTION:
Intention is not relevant in tortiuous act.
Intention is always relevant in criminal act.
V. AS TO DEFENCE:
Necessity is a defence in tortiuous act.
Necessity is not a defence in criminal act.
VI. AS TO COMPROMISE:
In tort, compromise is permissible.
Compromise is not permissible in criminal law.
VII. AS TO PROCEEDINGS:
Proceedings are conducted by injured person in law of tort.
Proceeding are conducted by the state in criminal law.
VIII. AS TO CODIFICATION:
Law of tort is not codified.

IX. AS TO POSITION OF MINOR:
A person under seven year is tortuously liable in tort.
A person under seven year is not criminally liable.
Talukdar Rasel Mahmud
Lecturer, Department of Law
Daffodil International University (DIU)
Contact No:+88 01719 479603.