Malicious Prosecution.

Definition: A judicial proceeding instituted by one person against another from wrongful or improper motive and without probable cause to sustain it. It is said to be a prosecution on some charge of crime which is willful, wanton or reckless or against the prosecutor’s sense of duty and right or for ends he knows or is bound to know are wrong and against the dictates of public policy.

Essentials in a suit for damages for malicious prosecution:

(1) That he was prosecuted by the defendant;

(2) The prosecution was instituted without any reasonable and probable cause;

(3) The defendant acted maliciously and not with the mere intention of carrying the law into effect;

(4) The proceedings complained of termination in favour of the present plaintiff;

(5) The plaintiff suffered damage as a result of the prosecution.

The Apex Court in the case of West Bengal State Electricity Board v. Dilip Kumar explained that there were two essential elements for constituting a malicious prosecution namely-:

– that no probable cause existed for instituting the prosecution or suit complained of and;

– that such prosecution or suit terminated in some way favourably to the defendant therein.

Case Law: T. S. Bhatta v. A. K. Bhatta :

The defendant had filed a complaint against the plaintiff. Thereafter, he was not quiescent. He moved the Session Judge in revision. He got himself examined as a witness in the Session trial. He also got himself examined in the criminal revision before the High Court. The defendant knew the charge was false and was acting out of malice. It was held that the defendant was the real prosecutor and was liable for malicious prosecution.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs

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