What do you mean by Malicious Prosecution

Malicious Prosecution

Malicious prosecution is a false and malicious institution against an innocent person of unsuccessful criminal, bankruptcy or liquidation proceedings without reasonable and probable cause. An action for malicious prosecution is the medication for baseless proceedings. It is not limited to criminal prosecutions but may be carry in retort to any baseless and malicious prosecution, whether criminal or civil.

Origin

The word ‘malicious’ is derived from the word malice. It is anything done with malice. The ‘prosecution’ word is derived from the word ‘prosecute’ which means criminal proceeding.

INGREDIENTS

In action for malicious criminal prosecution the plantiff will have to establish under these points.

Prosecution

The plantiff was prosecuted by the defendant on a criminal charge, or in a bankruptcy or liquidation proceedings.

Termination of proceedings in plantiff’s favour

The proceedings terminated in plantiff’s favour. No action for malicious prosecution lies until the prosecution or other proceedings have terminated in favour of person complaining of it.

Note

Judge can agree or disagree with the report of police, although they had written that the man is innocent, judge will examine whether the case should go forward or it will be ended with police’s intention.

Malicious Intention

The prosecution was instituted with a malicious intention i.e. from an indirect and improper motive. The gist of the action for malicious prosecution is malice or improper motive.

No Reasonable and probable Cause

If the cause was probable and reasonable then you cannot suit for damages. If the cause was not probable and reasonable then the plantiff can suit for damages.

Damage

The plantiff has to prove that he suffered damage as a result thereof. The plantiff must prove that he has suffered in person, reputation or pocket, when the proceedings are other than criminal i.e. bankruptcy proceedings.