The article written by Ms Alka Bano is a legal practitioner in the Central Bar Association of Varanasi. I had completed my graduation in B.COM LL.B from Mahatma Gandhi Kasi Vidyapith and LL.M from National Law University, Jodhpur.
INTRODUCTION
Morality and criminal law may intersect, they are not synonymous.The synergy between law and morality is robust, amplifying each other’s impact significantly.
The correlation between crime and morality is intricate and diverse. They are interdependent. In matters relating to criminal justice, there is a universally recognized criterion that all deeds committed must be deemed as transgressions, irrespective of whether they were carried out morally or not.
Morality establishes the social conventions and anticipations, and also offers directives for comprehending what is right and what is wrong. These directives can also be impacted by philosophical and spiritual convictions, as well as by cultural and historical circumstances. These moral principles are deemed as the fundamental pillars of human society.
DEFINITIONS
Crime: Crime is an action that is contrary to law or harmful and irritating and is subject to legal punishment.It is an offence that is prohibited by the law. In addition, it is possible to neglect to act when there is a legal need to do so, which is known as omission instead of action.
CIVIL: Civil is a wrongful act committed by an individual against another individual, which entitles the latter to claim compensation through legal proceedings.
Morality: Morality means a code or system of moral laws, principles, or values, or the moral beliefs and practises of a society, community, or religion. The word “morality” can be utilised in two ways:
- It can refer descriptively to specific standards of behaviour suggested by a society or group (like a religion) or adopted by an individual for their own actions.
- It can refer normatively to a set of principles of conduct that would be recommended by all reasonable individuals under particular circumstances.
Morality and Rule of Law
Morality and the rule of law are closely related because morality enhances the rule of law. Laws are not created out of moral principles; rather, they are built and moulded by a legal consensus of good and wrong, therefore it should still be seen as a casual bridge between the two. And while morality does play a role in the creation and modification of laws, it is never legally obligatory and has no constitutional importance.
Wrong: Wrong means any act acts or omission are contrary to any rule of right or justice. It is something that does not meet the expected results that we, either as individuals or as a team, have established for a particular task or objective.
Crime is not civil wrong:
A Civil Wrong is a legal term that refers to an offence committed against another individual or their property.It is a wrongful act against an individual not against public.The affected party can claim damages or compensation by filing a lawsuit against the person responsible for the offence.
Examples of Civil Wrongs include torts (unlawful actions that harm an individual or their property), violation of contract, or breach of trust.
A Civil Wrong is essentially an act that infringes upon the rights of an individual or group. Civil Wrong cases are typically resolved in a civil court. For instance, if someone breaches a contract or fails to fulfil a legal obligation, the other party can sue them for financial restitution and punishment in the form of compensation.
Whereas
Crime is an offence described as an infringement arising from the breach of a communal responsibility. Consequently, an offence usually encompasses an unlawful deed that encroaches upon the privileges of the public or society in large. The gravity associated with an offence arises from the reality that these deeds pose severe hazards to the tranquillity and regulation of society.
Legally speaking, a Crime pertains to an action that contravenes the Penal Law of a nation. Murder, arson, sexual assault, theft, burglary, and drug trafficking are some of the unlawful deeds that fall within the purview of an offence.This offences punishable to the accused by granting fines and in somewhere providing compensation to the victims and imprisonment for life and in rare of rarest case capital sentence also grants to it.
On the basis of the above explanation of civil wrong and crime it signifies that civil wrong does not fit in the bottle of crime.So, therefore we can say that crime is not civil wrong.
Crime is not moral wrong:
Moral wrongs that might not necessarily be criminal wrong. For instance, Adultery is often viewed as unethical, but few people believe that it should result in criminal culpability.
In the case of Sachindranath v. Banmala (1960), the Court declared that – In case of adultery, sexual relations by a man with a woman outside of marriage are transgressions against the principles of marital morality in this nation”.
In the matter of Joseph Shine v. Union of India, the Indian Supreme Court declared that the criminalization of adultery under section 497 IPC and section 198 CrPC was unconstitutional and unfair to women, thereby decriminalising it.
Similarly, failing to assist a small child who is drowning in a swimming pool may appear morally questionable, but the criminal justice system generally does not require a person to put themselves in danger, even if most of us believe that we should intervene if possible or Abstaining from offering sustenance may be viewed as a matter of morality, ethics, or social wrong, but it does not constitute a matter of legal wrong. It is not legally required for one to furnish meals to a destitute person, though it is a compassionate gesture.
On the contrary, there are laws that may not, at first glance, implicate our collective morals.
For instance, laws that criminally penalise wasting big game meat in the field or laws that mandate imprisonment for driving without a valid licence are typically not considered moral wrongs (beyond the moral failure of disobeying the law) but they are still criminalised.
Finally, there are actions that society generally views as morally wrong and that are also violations of criminal law. These actions include behaviors such as homicide, sexual assault and theft. A significant portion of criminal laws is also immoral.
REFERENCES
- K.D. Gaur, Textbook on the Indian Penal Code , 4th ed., Universal Publication.
- Aparna Shukla,The difference between civil and a criminal wrong,https://lawctopus.com/clatalogue/ailet-pg/the-difference-between-a-civil-wrong-and-a-criminal-wrong/ (last accessed on June 15, 2023).
- Sachindranath v. Banmala (1960).
- Joseph Shine v. Union of India, (2018).
- An Introduction to the Study of The Law of the Constitution, Universal Law Publication,(10thed.,(2000)).