Law of torts Is an ever growing branch of law applied in almost every countries in the world. Tort law imposes civil liability on a person and not criminal liability. As of now, a clear cut definition of what is 'tort' cannot be given because tort has different definitions.

Salmond defines tort as:
'A civil wrong for which the remedy is common law action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation '. But, on the other hand, winfield defined tort as "Tortious liability arises from the breach of a duty primarily fixed by law. This duty is towards persons generally and its breach is redressable by an action for unliquidated damages"

Law of torts includes offences like assault, trespass, battery, negligence, nuisance, defamation etc. The aggrieved person (plaintiff) will be awarded with 'unliquidated damages' if they manage to prove that their legal right is violated.

Law of Torts in India

The origin of branch of tort law in India can be traced back to England. Even today, courts in India are relying upon english decisions while dealing with cases in India. Still there are instances when Indian courts managed to surpass the reliance on english decisions. 'Absolute liability principle' laid down in the case of MC Mehta Vs UOI is one of such instance. The rule of absolute was first propounded by the honorable supreme court of India.

Law of torts: An unregulated branch of law in India

In India, a new case is being filed every thirty-nine seconds which comes under the branch of law of torts. But unfortunately, The branch of tort law in India is alarmingly unregulated. It results in denying justice to the aggrieved persons.

Firstly, there is no codified law or statue that govern law of torts in India, judges have to rely on foreign precedents. The culture, situation and judicial structure in foreign countries and in India are different. So, blindly applying foreign decisions & judgements in India will result in denial of justice to the common man.

Secondly, Indian courts are applying centuries old decisions even today.

In India, there is no codified law or statute that govern the branch of tort law. As a result, the judicial system in India is struggling with misconceptions, doubts and lack of clarity. Law of torts in India is grossly unregulated to an extent that, technically, even a child under the age of 7 years could be sued for committing a tort as tort law doesn't bring any distinction based on age.

It is high time that, India should have a well codified law or a statute to govern the branch of law of torts which reflects the values & needs of the country. Even the number is less, there are countries with such statutes.

Law of torts in France is governed by the statute 'the French Civil Code', particularly under Articles 1382-1386. In Germany it is governed by 'German Civil Code (Bürgerliches Gesetzbuch or BGB): Sections 823-853'.

Conclusion
The branch of tort law in India should be regulated by enacting a codified statute. Firstly, It will result in bringing increased clarity about the law among the legal system. Secondly, judges will not be forced to rely on centuries old foreign decisions, which brings modernity. It is of high time that a change is needed.

Reference:

1. https://www.studocu.com/in/document/guru-gobind-singh-indraprastha-university/law-of-torts-and-consumer-protection/law-of-torts/39632960
2. https://indiankanoon.org/doc/1486949/ 3.https://www.taxmann.com/post/blog/law-of-torts?amp

Also Read:

• Economic Torts in India
• Law of Torts - An Overview
• Law Of Torts
• Foundation Of Torts Law In Britain And India
• Environmental Remedies Under Law of Torts