Codifying The Law Of Torts -A Necessity For Clarity And Justice

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.