Antara Roy, LL.M (Criminal Law and Criminology), Kazi Nazrul University, Asansol, (Department of Law) West Bengal, Pin- 713340
ABSTRACT
Man has been living in society since time immemorial for his welfare and existence. In almost all aspects of his life he needs society and he cannot develop in isolation. The purpose of the state was to give security to its citizens and to ensure them their rights. It was not easy to provide security without proper rules and regulations. Therefore, there was need of some set of rules and regulations for governing the society and gradually two kinds of laws i.e., civil law and criminal law were made. In civil laws remedy provided was damages/compensation whereas in criminal law punishment was imposed on the criminals. Unlike crime, tort is a civil wrong and is a violation of private right of an individual which give rise to civil proceedings. In this the plaintiff is the victim and the defendant is the wrongdoer. It gives the plaintiff a legal right of compensation or sometimes other appropriate reliefs are also given. However, sometimes tort and crime overlap, for example, if a person beats another person’s, then he will be liable for tort of battery and have committed crime of assault as well. Person can get compensation under the law of tort by civil proceedings and he can also get the offender punished under criminal case.
Keywords: Victimology, Restitution, Criminology, Trafficking, Victim Justice.
