In either case, the plaintiff may claim compensatory and sometimes punitive damages. 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. The proper test was indicated by the Privy Council in Mohammad Amin v. Jogendra Kumar Bannerjee[15]. Thus, a victim of this entire chain of prosecution will be in a position to avail the remedy of malicious prosecution. ... FOR THE LAW COULD NOT HAVE MEANT TO IMPOSE A PENALTY ON THE RIGHT TO LITIGATE. False imprisonment on the other hand is a … Law, p. 184. Whether Mr Wood will be able to prove his case is yet to be determined, and the case is expected to commence in February next year. But some states require some direct interference with, or injury to, the plaintiff apart from the mere hassle of answering a civil complaint. Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. 565: 46 MLJ 353. Artificial person. [25] Raja Braja Sunder Singh Deb v. Ramdeb Das Pattanaik, AIR 1944 P.C. 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. [18] Girja Prasad Sharma v. Umashanker Pathak, AIR 1973 MP 79 at p. 82. Generally, any malicious criminal proceeding that lacks probable cause -- regardless of whether the claimant was tried or even indicted -- may give rise to a malicious prosecution claim. The action or the remedy of malicious prosecution has long been recognised in American law. [3]. Malicious Prosecution. However, occasionally criminal charges or civil lawsuits are maliciously filed in order to intimidate, harass, defame, or otherwise injure the other party. The existence of a reasonable or probable cause for the prosecution of the plaintiff can serve as a complete defence. Malice can be best proven by portraying the wrong motive or by indicating that the circumstances of the case were such that the only causation factor of the prosecution was some wrong or indirect motive of the prosecutor. Copyright © 2020, Thomson Reuters. Reputation is considered to be the most important facet of any person’s life. ‘Malicious Prosecution’ means “a prosecution on a charge of crime, which is willful, wanton or reckless or against the prosecutor’s sense of duty and right.”. Actual damages will vary from case to case and depending on your jurisdiction. Such actions are referred to as malicious prosecution, whether it's an unscrupulous prosecutor filing false charges against a political rival or a corporation suing a small business in order to put the competition out of business. It cannot be limited only to the process which starts from the formal act of taking cognizance by the Court. ACTIONABLE WRONG. Malicious Prosecution-Definition. [27] Malice includes any other improper purpose motivating the prosecutor, such as, to gain a private collateral advantage[28], and an indirect motive, that is, some motive other than a desire to vindicate public justice, or private right.[29]. These shortcomings are in the form of numerous defences that can be availed in a suit of malicious prosecution. are not accounted for; and the victim of malicious litigation has no legal recourse to protect himself against such abuse of the process of law. 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