Malicious Prosecution

Malicious Prosecution is defined as the proceedings of judicial which are institutes by one person against the other person from any of the wrong or improper motive for any probable cause which sustains it. Malicious prosecution is a remedy for any baseless malicious claims. It is not limited to criminal prosecutions, but can also target any malicious and unsubstantiated litigation or prosecution, be it criminal or civil. The criminal defendant or the civil defendant may subsequently present this claim to the civil court in an unfounded and malicious case, against the party who played an active role in the original case. The defendant in the original case became the plaintiff in the malicious prosecution, and the plaintiff or prosecutor in the original case became the defendant. In most states, the claim must be filed within one year of the end of the original case.

 The complaint of willful prosecution is a grievance. Start a tort lawsuit in civil court to recover monetary loss caused by certain damages suffered. The plaintiff seeks to earn money from the defendant in malicious prosecution proceedings to offset various expenses related to the need to defend an unfounded and unreasonable case. For example, in a lawsuit based on malicious criminal prosecution, mental suffering is generally considered an element of general damages and no special evidence is required. But for claims based on civil litigation, the plaintiff must be able to prove quantifiable damages.

 As long as the plaintiff (the defendant in the original case) can prove bad faith and lack reasonable grounds, most states allow recovery of claims based on civil litigation. But some states require some direct intervention or harm to the plaintiff, not just to respond to problems in civil litigation. For example, defamation caused by malicious litigation, such as loss of business due to reputational damage, is generally considered compensable damage.

 Generally speaking, any malicious criminal prosecution that lacks a reasonable basis, regardless of whether the plaintiff is tried or even prosecuted, can lead to malicious prosecution. Even the malicious issuance of a search warrant without reasonable cause can trigger such claims.

The elements which claims the Malicious Prosecution

  • Initiated or continued civil or criminal legal proceedings against the plaintiff.
  • It was instigated or instigated by the defendant (the prosecutor or plaintiff in the malicious lawsuit);
  •  Terminated the previous procedure in favor of the plaintiff (for example, the case was rejected)  did not initiate the previous process
  •  Malicious as the main object of the previous action and
  •  The injury or damage caused to the plaintiff by the previous litigation.

It can be said that malicious prosecution are those initiated with malicious intent. The elements that the plaintiff must possess (that is, the defendant filed a lawsuit, did not have reasonable and probable reasons, the defendant acted maliciously, terminated the lawsuit in favor of the plaintiff, and the plaintiff suffered damage due to the lawsuit) must be complied with. However, the court must decide whether to file a claim in bad faith based on the facts and circumstances.

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.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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