Malicious Prosecution

Question 1

Define and 5 key elements

Answer 1

Instituting unsuccessful criminal proceedings w/o reasonable cause in a MALACIOUS spirt, causing damage to the party prosecuted.

Main aim- protect innocent, prevent abuse of process of law

1. Prosecution by defendant
   2 absence of reasonable and probable caue
2. Malice
3. Termination of proceedings in favour of plaintiff
4. Damage to pliantiff

Question 2

1. Prosecution by defendant

Answer 2

Institution of criminals proceedings in court of law.

Cannot be termed as prosecutor for giving some evidence or testimony to police. Actively involved in setting law in motion against the plaintiff

Pannalal vs sri krishna- D only made statemevts implicating P in dacoity. Nothing else.

Question 3

2. Absence of reasonable or probabable cause

Answer 3

Abrath vs railway company - obtained large sum as personal injury. Later found out those were artificial injury caused by his doctor B. Railway comapny obtained legal advice. Preosecuted b. B aquitted

Held - reasonable and probable cause
1 he took care to be informed of the facts
2 honestly believed his allegations to be true
3 the facts were such as to constitute a prime facie case.

Question 4

3. Malice

Answer 4

1. Indirect and improper motive and not in furtherance nof justice
2. Malign the person before the public or guided by purely personal consideration he should be held to have malice.
3. If the prosecutor innnocent at beginning but can become malicious subsequently

Question 5

Termination of proceedings in favor or plaintiff

Answer 5

1. Discharged on technical grounds, conviction quashed, preosecution discontinued, accused discharged
2. When the plaintiff aquited of offence fir whuch he was prosecuted, but is convicted of a leesser offence …. Sue for MP of graver offence of which he is aquitted

Question 6

Difference between mp and false imprisonment

Answer 6

1. Wrongful setting of criminal law in motions vs restraining of personal liberty
2. Malice is essential vs no
3. Plaintiff must prove non existence of reasonable cause. Vs upto the defendant to prove existence of reasonable cause

4 . Arrest secured by judicial officer vs wrongfully restrained by pvt individual or minesterial officer