Measure of Penal and Civil Liability

Before we see the measure of penal and civil liability lets see what is a liability, the definition of Liability.

What is a liability - 

When a person has committed wrong he will be liable. Thus liability is the condition of the person who has committed a wrong.

Definition of Liability - 

        According to Sir John Salmond, liability is a bond of necessity that exists between the wrongdoer and the remedy for the wrong.

Kinds of Liability - 

Liability can be classified into a penal and remedial liability.

Measures of Penal and Civil Liability -

Measure of penal liability - 

The measure of penal (Criminal) liability mainly based on the following three major considerations -

1) The motive of the commission of an offense
2) The nature/magnitude of the offense
3) The character of the offender

The motive of offense is an important factor in determining the penal liability and sentencing of the offender. The gravity, nature or magnitude of the orphans is the evil consequences resulting from the offenders' criminal act. This factor is also considered while sentencing the offender. The character of the offender is also one of the important factors which is taken into consideration by the Court while deciding the nature and quantum of punishment. In case of harden or habitual offender reformative measures such as Probation, Parole etc hardly served any useful purpose. Therefore deterrent punishment can only be proper and adequate in such cases. Whereas first offenders, juveniles, and persons who have committed an offense under compelling circumstances may be dealt with leniently and lesser punishment main serves a useful purpose in the cases.

Under the Indian Criminal Law, the maximum punishment for different offenses has been laid down in the Indian penal code and it is left to the judicial discretion of the magistrate to decide the quantum of punishment keeping in view the motive of the offender, his character and the gravity of the offense.

Measure of civil liability - 

The purpose of civil liability is to award compensation to the injured party. The quantum of the compensation is dependent on the actual loss caused to the plaintiff. in civil cases, neither the character nor the motive, of the defendant is relevant in determining the liability. It has been held in Headley vs Baxendale (1854), that the damages will be awarded only for the direct consequences arising out of the usual course of business and not for directed or to remote consequences.


See Also...


Fundamental Rights, Nature of Fundamental Rights

Jurisprudence | Solved Question Paper - 2

Kelson's pure theory of law

Legislation: Advantages and Disadvantages of Legislation