Malicious Prosecution under Criminal Law in India ‘Life demands self-respect and dignity’, were the words of former CJI Deepak Misra while awarding a compensation of Rs. The acquittal of a person on some technical grounds is not a valid ground for anyone to file a case against the petitioner for malicious prosecution. One reason for this the emergence of many poorly drafted women laws enacted for the noble purpose of ending atrocities against women. These allegations were unfounded and the plaintiff was acquitted. The burden of proof lies on the defendant. A county prosecutor runs for mayor and loses the election. Malicious prosecution is the malicious institution against another of an unsuccessful criminal, bankruptcy or liquidation proceeding, without reasonable or probable cause. Malicious prosecution is a common law concept that involves intentional institution of a false proceeding against someone without any probable ground of action and the court also finds out that such suit was merely an attempt of plaintiff to annoy, harass or intimidate the defendant by … Right to Information Act, 2005, Supreme Court Asks AG KK Venugopal To Consider Whether NGT's Jurisdiction Can Be Extended To Wildlife Protection Act, Advocate Sumeer Sodhi's Convenience Note Be Used As Standard Format, Arbitration To Now Cover Matters Relating To Allegations Of Fraud And Landlord-Tenant Relation, All you need to know about the Police Clearance Certificate, Status of law commission report no: 260 analysis of the 2015 draft model Indian bilateral investment treaty, Student notes: An introduction to alternate dispute resolution, Medical Negligence, Laws and Remedies in India, The Farmers’ Agitation And The Farm Reforms, E-Judiciary: Where justice and technology meet, All you need to know about Judicial Review, Contempt Proceedings Against Artist Rachita Taneja, The original case must have ended in clear acquittal of the defendant, The case should have been on genuine grounds or any just cause. The monetary loss incurred by the plaintiff for hiring a lawyer and various other reasons. False Imprisonment the onus lies on the defendant of proving its existence as his justification. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com. As there was reasonable and probable cause for the complaint made by the villager before the Bar Council and further the institution of the suit was not motivated by malice, the court turned down the plea for malicious prosecution.”[6]. In the case, Issardas v. Acissudomat[4], it was held by the court that in the cases where there were more than one persons against whom the suit or complaint was filed, and the proceedings are withdrawn by the complainant as a result of an understanding between any one of the several other people whom the complainant had complained against, the other persons are entitled to bring a suit against the complainant for malicious persecution. ‘Reasonable or probable cause’ is an honest belief that the accused had committed an unlawful or wrongful act. According to Holt C.J, damages can be referred to as ‘damage to a man’s fame (or reputation), person or property’. The burden of proof lies on the plaintiff. Malicious Prosecution is an institution of a civil or criminal proceeding by a person against another person without any actual cause, just to harm the reputation of that person. In other words, malicious prosecution is the institution of unnecessary case against another without any probable cause and is an abuse of the process of the court. It is basically filing of an unnecessary case against any person to trouble him. And the individual suffers an infringement of their inherent rights by another person or entity. Thomas Hannon, 37, unemployed and on probation, had an outstanding arrest warrant for probation revocation. This article discusses the elements of a malicious prosecution or abuse of process claim. “In other words, an unwarranted prosecution may damage a person’s reputation. For the initiation of malicious prosecution, the plaintiff should be acquitted by the court.”. Malicious Prosecution is an abuse of Judicial System as it aims to provide justice to innocent people but under Malicious Prosecution, innocent people are convicted. Merely lodging a complaint against the plaintiff before the authorities do not amount to prosecution; therefore, no action can be maintained for malicious prosecution. The prior case can be either criminal or civil in nature. The crime is a non-cognisable one, triable by magistrate or sessions judge as the case be. The plaintiff has no right to file a suit if he was found liable or guilty for the offense he was accused of. Here, the plaintiff is directly restraint, and his movements are restricted. Sir William Blackstone describes malicious prosecution as a kind of defamation. Agarwalla v. Halar Salt and Chemical Works[9], the court held that there could essentially be three types of damages, and they are as follows: It must be kept in mind that the damages must not be remote but should be reasonable as a result of the malicious prosecution by the defendant. Further, harm to the person has been interpreted broadly to include the threat of imprisonment and actual imprisonment. In the case, Ramlal v. Mahendra Singh[5], the court held that the burden of proof lies on the plaintiff where he must prove that the suit filed against the plaintiff by the defendant was to harass and defame the plaintiff, and was without any cause. In false imprisonment, the injury is caused to the plaintiff by the defendant himself. Either the inability of a complainant in the original case to prove the charges or the falling of his/her the evidence short of required standard in trial is not a valid ground to prove malice. Bandopadhyaya v. Union of India, the term ‘Prosecution’ was discussed. Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC) and is closely connected to the section 499 of the IPC, another crime of defamation. In such a case they would also come under the charge of malicious prosecution and consequent punishment of civil and criminal nature. The evidence that the defendant brought in the court of law was false. Similarly the Section 499 states whoever by words makes any imputation concerning any person intending to harm the reputation of a person is said to defame that person. Whether after 482 quashing malacious prosecution possible? The elements of malicious prosecution can be found in the 1996 case Texas Beef Cattle Co. v. Green, 921 S.W.2d 203, 207 (Tex.1996). 5) Writ of Mandamus may be preferred before respective High court seeking exemplary Damages / Compensation from respective State Government for “malicious prosecution” by the Police. The defendant may not be acting with malice, in the beginning, however, if during the proceedings, he comes to know about the innocence of the plaintiff, then the continuance of the proceedings against the plaintiff by the defendant would be considered as malicious. Izhar Hussain, that this expression does not mean giving false evidence as a prosecution witness against an accused during the course of a criminal trial. A statement of oath falsely supporting the prosecution case against an accused or a statement to the police, do not fall within the meaning of section 211 of the IPC. Malicious prosecution is not actionable per se, hence, the plaintiff needs to prove the damages that he had suffered in order for his suit to be maintainable. Proceedings instituted maliciously may include not only malicious prosecution and malicious arrest but also malicious bankruptcy and liquidation proceeding (civil proceedings), malicious execution of process against property, and malicious search. Under malicious prosecution, the defendant becomes the plaintiff and plaintiff becomes t… An action for damages can be maintained for the abuse of such legal process. About https: //indianlegalsolution.com runs for mayor and loses the election and family are. And costs prosecution was without a … a county prosecutor runs for mayor and loses the election women! 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