THE DILEMMA: SHOULD NEGLIGENCE SOLELY BE REGARDED AS A CRIMINAL ACT IN INDIA?
AUTHOR – KASHISH KHANNA, STUDENT AT IILM UNIVERSITY, GURUGRAM, HARYANA
Best Citation – KASHISH KHANNA, THE DILEMMA: SHOULD NEGLIGENCE SOLELY BE REGARDED AS A CRIMINAL ACT IN INDIA?, ILE JOURNAL OF TORT LAW STUDIES (ILE JTLS), 1 (1) of 2023, Pg. 6-9, APIS – 3920 – 0030 | ISBN – 978-81-961791-1-3.
Abstract
Negligence is defined by our legal system as “the failure to act with the degree of care towards others that a reasonable or prudent person would exercise in the same or similar circumstances.”[1] Negligence is considered as a crime and also as a tort. Criminologist, Mr Paul Tappan defines crime as “an intentional act or omission in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony or misdemeanor.”[2]Whereas, a tort is unlawful conduct for which recourse may be sought in the form of damages or an injunction but is not a breach of contract.[3] The principle of negligence, the legal definition of “negligence” generally states that when someone acts recklessly and causes injury to another person, that person will be held responsible for the damages that occur.[4] This paper will deal negligence, its essentials, case laws and majorly with reasoning and explanation behind the idea that negligence should solely become a criminal act and not as a tort as it is a serious crime. The dilemma has been intriguing and will appear resolved by the end of the research.
Keywords: negligence, dilemma, tort, crime, principle
[1] What is Negligence, Myers Legal, https://myerslegal.com/what-is-negligence/, Last Accessed on 26th June 2023- 11:00 AM.
[2] Definitions Of Crime, Cliffs Notes, https://www.cliffsnotes.com/study-guides/criminal-justice/crime/definitions-of-crime, Last Accessed on 26th June 2023- 11:10 AM.
[3] Torts, Merriam Webster, https://www.merriam-webster.com/dictionary/tort, Last Accessed on 27th June 2023-12:05 PM.
[4]Elements Of Negligence, Find Law, https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html, Last Accessed on 27th June 12:10 PM.