Tort Law in India: Definition, Types, Examples, Consumer Rights, and Legal Process

Explore what tort law is, its key types like negligence and strict liability, with examples, consumer protection role, and how to file a tort claim.
4 min
08 May 2025
Tort law is a fundamental aspect of civil law in India, designed to offer remedies to individuals who suffer harm due to wrongful acts by others. Unlike criminal law, which focuses on offenses against the state, tort law concerns private disputes and seeks to compensate victims for damages. Tort law addresses a range of issues, from negligence to defamation, ensuring that individuals can seek justice when their rights are violated. In this article, we will explore what tort law entails, its various types, and real-life examples. We will also examine how it protects consumer rights and the legal steps involved in filing a tort claim. For lawyers practicing tort law, we offer a lawyer loan to support your professional growth and financial needs.

What is tort law?
Tort law in India addresses civil wrongs where an individual suffers harm due to another’s actions. The person who commits the tortious act is called the "tortfeasor," while the victim is known as the "plaintiff." Tort law ensures that plaintiffs are compensated for the harm caused. It is based on principles of justice, fairness, and deterrence.

Key features of tort law:

  • It is a civil law matter, not criminal.
  • It focuses on compensating the injured party.
  • It can involve negligence, defamation, nuisance, or other wrongful acts.

Types of torts
Torts can be broadly classified into several categories, based on the nature of the wrongful act. Understanding the types of torts is crucial to navigating legal disputes.

Type of tortDescription
Negligence tortsCaused by failure to exercise reasonable care to prevent harm to others.
Intentional tortsOccur when the defendant intentionally harms another.
Strict liability tortsLiable even if there was no fault or negligence, e.g., in hazardous activities.


Negligence torts
Negligence torts occur when an individual or entity fails to exercise reasonable care, leading to harm. Common negligence torts include car accidents or medical malpractice. The plaintiff must prove that the defendant owed a duty of care, breached that duty, and caused harm as a result.

Key points:

  • Plaintiff must show duty of care.
  • The defendant’s breach must be proven.
  • Harm caused must be directly linked to the breach.

Intentional torts
Intentional torts involve deliberate actions that cause harm to another person. These are not accidents, but intentional acts like assault, battery, and defamation. In such cases, the defendant’s intent is critical.

Key points:

  • The defendant intended to cause harm.
  • Can include actions like defamation, trespass, and assault.
  • Victims can claim compensation for emotional and physical damages.

Strict liability torts
Strict liability torts hold the defendant liable regardless of their intent or negligence. These apply in cases where dangerous activities, like the use of explosives or keeping wild animals, result in harm.

Key points:

  • Liability is imposed even without fault.
  • Common in hazardous activities.
  • Covers damages caused by abnormally dangerous activities.

Examples of tort law
Tort law examples in India include a variety of situations where individuals can seek compensation for harm caused by others.

  • Negligence – A driver causing an accident by running a red light.
  • Defamation – A false statement harming someone’s reputation.
  • Trespass – Entering someone’s property without permission.
  • Nuisance – Causing interference with someone’s right to enjoy their property.

How tort law protects consumers
Tort law plays a crucial role in protecting consumers from harm caused by defective products, poor services, or false advertising. When consumers are wronged, they can file a tort claim to seek compensation.

Key points:

  • Protection from defective products (product liability).
  • Covers harm from misleading advertisements.
  • Offers consumers a remedy for physical or emotional harm caused by businesses.

Tort law vs. criminal law
While tort law focuses on private disputes and seeks compensation, criminal law deals with offenses against society and the state. Here’s a comparison between the two:

AspectTort lawCriminal law
PurposeTo compensate victims for harm.To punish offenders and deter crime.
Parties involvedPlaintiff vs. defendant.State vs. defendant.
Burden of proofPreponderance of evidence.Beyond a reasonable doubt.
OutcomeCompensation for the victim.Penalties like imprisonment or fines.


For more details on criminal law, visit criminal law in India.

Steps to file a tort claim
Filing a tort claim involves several key steps to ensure that justice is served.

  • Consult a lawyer: Seek expert legal advice to assess your case.
  • Gather evidence: Collect all relevant documents and proof of harm.
  • File a complaint: Submit a formal complaint to the appropriate court.
  • Court hearing: Present your case in court.
  • Judgment and compensation: If successful, receive compensation for damages.
ConclusionTort law plays a vital role in maintaining justice by protecting individuals from harm caused by others’ wrongful actions. Whether it’s protecting consumers from defective products or compensating victims of defamation, tort law offers remedies for a wide array of issues. As legal professionals handle tort law cases, our lawyer loan can provide financial support to further their practice.

Frequently asked questions

Can tort law apply to financial fraud cases?
Yes, tort law can apply to financial fraud cases, particularly under the categories of fraudulent misrepresentation or negligence, where an individual or entity intentionally deceives or fails to exercise reasonable care in financial dealings.

How do punitive damages work in tort law?
Punitive damages are awarded in tort cases to punish the defendant for particularly harmful actions and to deter similar future conduct. These are typically granted in cases involving malicious, fraudulent, or grossly negligent behaviour.

Are emotional distress claims valid under tort law?
Yes, emotional distress claims can be valid under tort law, especially under intentional torts like defamation, assault, or harassment. Victims can seek compensation for the psychological harm caused by the defendant's actions.

Can businesses sue under tort law?
Yes, businesses can sue under tort law. For instance, a company might file a claim for tortious interference with its contracts or for defamation if false statements harm its reputation.

Show More Show Less

Bajaj Finserv App for All Your Financial Needs and Goals

Trusted by 50 million+ customers in India, Bajaj Finserv App is a one-stop solution for all your financial needs and goals.

You can use the Bajaj Finserv App to:

Apply for loans online, such as Instant Personal Loan, Home Loan, Business Loan, Gold Loan, and more.

  • Explore and apply for co-branded credit cards online.
  • Invest in fixed deposits and mutual funds on the app.
  • Choose from multiple insurance for your health, motor and even pocket insurance, from various insurance providers.
  • Pay and manage your bills and recharges using the BBPS platform. Use Bajaj Pay and Bajaj Wallet for quick and simple money transfers and transactions.
  • Apply for Insta EMI Card and get a pre-approved limit on the app. Explore over 1 million products on the app that can be purchased from a partner store on Easy EMIs.
  • Shop from over 100+ brand partners that offer a diverse range of products and services.
  • Use specialised tools like EMI calculators, SIP Calculators
  • Check your credit score, download loan statements, and even get quick customer support—all on the app.
Download the Bajaj Finserv App today and experience the convenience of managing your finances on one app.

Do more with the Bajaj Finserv App!

UPI, Wallet, Loans, Investments, Cards, Shopping and more

Disclaimer

1. Bajaj Finance Limited (“BFL”) is a Non-Banking Finance Company (NBFC) and Prepaid Payment Instrument Issuer offering financial services viz., loans, deposits, Bajaj Pay Wallet, Bajaj Pay UPI, bill payments and third-party wealth management products. The details mentioned in the respective product/ service document shall prevail in case of any inconsistency with respect to the information referring to BFL products and services on this page.

2. All other information, such as, the images, facts, statistics etc. (“information”) that are in addition to the details mentioned in the BFL’s product/ service document and which are being displayed on this page only depicts the summary of the information sourced from the public domain. The said information is neither owned by BFL nor it is to the exclusive knowledge of BFL. There may be inadvertent inaccuracies or typographical errors or delays in updating the said information. Hence, users are advised to independently exercise diligence by verifying complete information, including by consulting experts, if any. Users shall be the sole owner of the decision taken, if any, about suitability of the same.