Abstract:
The term Tort comes from the Latin word "tortum," which means "to twist." It refers to actions that
are not straight or lawful. The law of Torts is rooted in English Law. In India, this area of law has
developed over time mainly through court decisions and is often overlooked compared to other legal
fields. Tort law deals with civil wrongs and allows for compensation for injuries classified as
unliquidated damages. 1
The law of torts is an ever-evolving legal field that continues to develop with changing societal needs.
Its application in India dates back to the British colonial period when English common law principles
were introduced. However, Indian courts have taken a more adaptive approach, incorporating only
those elements of tort law that is relevant to the Indian legal and social framework. While English tort
. Law changes based on needs, as seen in recent laws like the Bharatiya
Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya
Adhniyam(BSA). Since Tort law lacks a formal code, it acts as a supplement to other legal codes,
leading to long legal battles for justice, leaving many claims unheard. This paper uses secondary data
to urge for the need to codification for Tort law in India.
