Malicious prosecution is a civil action where a person (the plaintiff) can claim redress where a malicious prosecution was initiated or continued by the defendant (usually the state) without reasonable or probable cause. Interestingly, malicious prosecution has been an entrenched part of common law for many centuries. It is often seen that the entire machinery of the police, witnesses and even the court staff are hands in glove with the prosecutor. That the prosecution ended in his favour; That the prosecution lacked reasonable and probable cause; The proceedings must have been instituted, or continued by the defendant; He must have acted, without reasonable and probable cause; The proceedings must have been unsuccessful. Accounts. Holt C.J. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. When a plaintiff is successful in his case, damages for malicious prosecution may be substantial. The English writers[8] on the whole seem to endorse the four essentials laid down by Viscount Simonds viz.. Typical injuries include loss of reputation and credit, humiliation, and mental suffering. The concept of malicious prosecution plays an important role in the protection of a man’s reputation. The plaintiff must prove that the prosecution was instituted against him, without any reasonable and probable cause, and that it was instituted with a malicious intention, which was wrongful in point of fact. 320. Pension benefits. Special cases of malicious mischief. The court observed: “Merely because the plaintiff came to be acquitted or discharged by the criminal court as the prosecution failed to prove the case beyond doubt as is required in criminal law, does not mean that such acquittal or discharge could necessarily boomerang upon the defendant as a case for malicious prosecution.”. Microsoft Edge. Search, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts. If you believe you were criminally charged or sued for reasons other than the quest for justice, speak with a personal injury attorney today. They are. The court defined the term ‘Malicious prosecution’ in the case of West Bengal State Electricity Board v. Dilip Kumar Ray. The damages may not necessarily be pecuniary. Rather, it has to do with the individual who brought the false charges against the criminal defendant. This was an outcome of the misuse of due procedure of law, in the 18th and 19th century in England. Further, this helps the court save its time from wasting on such frivolous litigations and eventually the number of cases in court drops down since only the real legal disputes remain, thereby reducing the pendency of cases in courts. Action against (POLICE) In order to effectively understand the tort of malicious prosecution, it is necessary to study every ingredient which it is comprised of. Unless the proceedings instituted are terminated in his favour, the plaintiff cannot initiate a suit for malicious prosecution. Being sued in a similarly malicious manner can also take its toll on one's emotional well-being. In India, when a person is prosecuted by the criminal justice system or is put through civil litigation, all he can do is defend himself. Allahabad High Court UP HJS Recruitment 2021 | District Judge: Notification, Syllabus, Pattern, Interface between IPR and Competition Law. In addition, just the uncertainty and fear of entering a criminal trial is often enough to convince a jury that the malicious act caused severe emotional distress. ; it does not connect the subjective attitude of the law disapproves Lingaraj Patra,.! To effectively understand the tort ’ s life also may claim compensatory sometimes. 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