Crimes and Civil Wrongs PDF

**CRIMES AND CIVIL WRONGS** - **The Concept of 'Wrongs':** A wrong is an act or omission which is prohibited either by law, or by morals or by the conscience of persons. As per the Natural Law theory, a person has the capacity to decipher right from 'wrong'. This 'wrong' is labelled as such beca...

**CRIMES AND CIVIL WRONGS** - **The Concept of 'Wrongs':** A wrong is an act or omission which is prohibited either by law, or by morals or by the conscience of persons. As per the Natural Law theory, a person has the capacity to decipher right from 'wrong'. This 'wrong' is labelled as such because it may be unnatural, or against the order of things that God intended, or it may be unjust and unfair. A 'wrong' may also be labelled as such because it goes against the morals of a society. Lawmakers consider all the natural and moral aspects while labelling something as 'wrong' in which case 'wrong' is that thing which is labelled as such by the law. In such a case a 'wrong' would generally be a 'violation of law', or 'violation of a legal right'. Generally, the law is intended for the establishment and maintenance of rights, in fact it deals both with rights and wrongs. It first fixes the character and definition of rights, and then, for the purpose of affording them a security, it proceeds to define wrongs, and to devise the means by which the wrongs shall be prevented or redressed In **'Institutions of Law: An Essay in Legal Theory',** Neil MacCormick discusses the concept of \"wrongs\" in the context of legal theory and the nature of law. He argues that Wrongs should be understood within their social and cultural contexts as the perceptions of wrongs can vary across different societies. Law creates a framework to responds to such perception and labels those wrongs as legal wrongs. Legal systems exist to address and rectify wrongs within society. Rather than merely enforcing rules without regard for moral and societal implications, legal systems establish ethical and social standards that promote fairness and social justice and derogation from such standards is legally wrong. ** Wrongs: Private and Public** - Private Wrong results from violation of private rights or as a consequence of the violation of duty of care towards a person. - It denotes the injury sustained by the individual, - Such injury is the subject for civil redressal or compensation e.g. Torts, Breach of Contract, Breach of trust Public Wrongs consist of violations of public rights (rights that are vested in the public as a whole and not just a group of perons) and duties which affect the whole community e.g. Crimes **CRIMES** - Criminal law is based on this cardinal principle: "*Actus non facit reum nisi mens sit rea"* which means that, "the act is not culpable unless the mind is guilty" i.e. the guilty intention and guilty act together constitute a crime - **Crimes must be defined by law; an act cannot be considered a crime unless it is clearly declared as such.** - A crime can be said to be an act or omission which constitutes an offence and is punishable by law - It is an act committed in violation of law where the consequence of conviction by a court is punishment - It is an act that is deemed injurious to the public and therefore is legally prohibited - Stages of a Crime: Intention, Preparation, Attempt & Accomplishment/Commission. - Theories of Punishment: Deterrent Theory, Retributive Theory, Preventive Theory, Reformative Theory, Expiatory Theory **In 'Principles of Criminal Law', Andrew Ashworth explained the concept of crime as such violation of legal norms that society deems harmful or dangerous. And** Criminal law is a framework that balances the need for social order with the rights of individuals. He thinks that criminal law is a set of rules that tell us what is wrong and what punishments people can suffer for doing those wrong things. He says that these rules are made by the government and are based on moral principles (a society's perception of what is right and what is wrong) and social goals (what is good for society). The criminal law aims to: - protect society by deterring harmful behaviour, - provide justice by holding offenders accountable, and - Promote rehabilitation for those who commit crimes. Ashworth believes that the following are the basic principles of criminal law: - Criminal law should be used fairly and reasonably. - It should not be too harsh or too lenient, and - It should be applied equally to everyone. - Criminal law should be clear and understandable so that people know what is expected of them. - **The severity of punishment should correspond to the seriousness of the crime (principle of proportionality).** **CIVIL WRONGS** Civil wrongs are distinct from criminal wrongs. The law prohibiting civil wrongs focuses on the rights of individuals and the resolution of disputes rather than punishment by the state. The Civil law dealing with civil wrongs is based on the maxim '*Ubi jus ibi remedium'* which means 'where there is a right, there is a remedy'. In civil wrong there is a breach of a duty owed to another, which can arise from an intentional or an unintentional (negligent) act. **The essential elements of civil law:** **1. Liability:** Liability refers to the legal responsibility one party has towards another for causing harm or damage. **Example**: If a driver runs a red light and collides with another car, the driver may be held liable for the damages caused to the other driver due to negligence. **2. Negligence**: Negligence occurs when someone fails to exercise reasonable care, leading to injury or damage (violation of duty of care). The duty of care may also arise out of a fiduciary relationship, breach of which may result in breach of trust **Example**: A store owner fails to clean up a spill on the floor, and a customer slips and falls. The store owner may be found negligent for not maintaining a safe environment. **3. Intentional Torts**: These are wrongful acts done intentionally to cause harm to another person. **Example**: If someone deliberately hits another person during an argument, this constitutes battery, an intentional tort. The injured party can sue for damages resulting from the assault. **4. Strict Liability**: In strict liability cases, a person can be held liable for damages without proving negligence or intent, typically in situations involving inherently dangerous activities. **Example**: A company that manufactures explosives is held strictly liable if an explosion occurs, causing damage, regardless of the precautions taken to ensure safety. **5. Damages**: Damages are monetary compensation awarded to a party for loss or injury caused by another party's wrongful act. (Liquidated or Un-liquidated damages depending on the kind of civil wrong) **Example**: If a person is injured in a car accident due to another driver\'s negligence, they may receive compensatory damages for medical expenses, lost wages, and pain and suffering. **6. Vicarious Liability**: This principle holds an employer liable for the actions of an employee performed within the scope of their employment. **Example**: If a delivery driver causes an accident while making deliveries, the employer may be held vicariously liable for the driver\'s actions, as they were acting within the course of their job. **7. Defenses**: Various defenses can be used to counter a tort claim, which may reduce or eliminating liability. **Example**: In a case of contributory negligence, if a plaintiff is found to have also acted negligently then their damages may be reduced or barred entirely based on their share of fault. **DIFFERENCE BETWEEN CIVIL AND CRIMINAL PROCEEDINGS IN INDIAN LEGAL SYSTEM** **Civil Proceedings:** 1. Existence of a civil right 2. Violation of that right; gives rise to cause of action 3. Institution of a civil suit by filing a plaint/ petition 4. Filing of defence by the defendant 5. Hearing in court 6. Plaintiff evidence 7. Defendant evidence 8. Burden of Proof: preponderance (superiority/weight) of probability which means that the parties need to only prove that existence of a fact is more-probable than its non-existence. The process undertaken by the court is one of weighing the probabilities. The parties don't need to prove the existence of a fact beyond reasonable doubt i.e. that the fact certainly exists, there is no possibility of its non-existence. 9. Final arguments 10. Judgment 11. Decree **Criminal Proceedings:** 1. Commission of an offence 2. Information to police officer (FIR) or complaint to magistrate 3. Investigation by the police or inquiry by the magistrate 4. Filing of charge-sheet by the police before the magistrate 5. Cognizance by the magistrate 6. Issue of warrants or summons 7. Hearing the prosecution and the accused for framing charges 8. If charges framed, then, trial begins 9. Prosecution evidences 10. Defence evidences 11. Burden of Proof: Beyond reasonable doubt. The prosecution has to establish the guilt of the accused beyond reasonable doubt. If there is any reasonable doubt, the benefit of doubt should always go to the accused. The first principle of criminal jurisprudence is that an accused is always presumed to be innocent till he is proved guilty 12. Final arguments 13. Judgment