Beruflich Dokumente
Kultur Dokumente
Malicious Prosecution
• Malicious institution against another of an unsuccessful-
• criminal, bankruptcy or liquidation proceedings-
• False Case.
• Tort prevents the abuse of process of court.
• E.g. If the defendant claims he saw the plaintiff murder. The
prosecution leads in the acquittal of the plaintiff-could be a ground of
malicious prosecution.
• Sateo Prasad v. Ram Narayan.
Ingredients:
• The Plaintiff must prove:
• He was prosecuted by the defendant.
• Proceedings complained of terminated in favor of the plaintiff.
• Prosecution was instituted against him w/o any reasonable or
probable cause.
• Prosecution was instituted with a malicious intention.
• He suffered damage to his reputation or to safety of person or to
security of his property.
Prosecution by the Defendant:
• Plaintiff was prosecuted-defendant was the prosecutor.
• When does the defendant become a prosecutor?
• When Defendant conducts a private prosecution under S. 495 CrPc.