Mistakes in Torts: CPC ko bhi samjhne ke liye IPC ka dhyan nahi dena chahiye?

cpc du_llb advanced myth_bust

People often get confused between Indian Penal Code (IPC) and Code of Civil Procedure (CPC), especially when it comes to laws of torts. Coaching institutes and notes sometimes lead students to believe that IPC sections can be directly applied in tort cases. But that's not true! IPC is about criminal law, not civil law. For instance, Section 311 of IPC, which talks about the burden of proof in cases of alleged assault, can't be applied as it is in a tort case. Papa ne bhi mujhe bataya tha ki yeh confusion aise hoti hai. In a tort case, CPC's Section 104 applies, which states that compensation can be claimed in case of injury caused by someone's negligence. So, remember, IPC is for IPC, CPC is for CPC!

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