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Malicious Proceedings

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.

• Plaintiff gives info he believes as true and makes no further


interference (No prosecution).

• False info-brings witness(false)-influences police to assist him against


the innocent plaintiff. (technically the prosecution is done by the
crown-yet defendant is equally a part).
When is a prosecution said to commence?
• Mohd. Amin v. Jogendra Kumar:
• Conditions pre-requisite for initiation of proceedings Chp XIV
• Magistrate takes cognizance of a complaint. (S. 190)
• Examines the Complainant.
• Holds an Inquiry in open court and then dismisses the case.
• The test is not whether the criminal proceedings have reached a stage
at which they may be certainly described as a prosecution,
• But the test is whether the criminal proceedings have reached a stage
at which damage to the plaintiff may result.
• Bombay High Court: Not necessary for the magistrate to act upon that
charge. (Ahmedbhai v. Framji)
Termination of Proceedings:
• Acquittal.
• Prosecution has been discontinued.
• Conviction quashed.

Absence of Reasonable and Probable Cause:


• Honest belief in the guilt of the accused.
• Belief must be based on honest conviction of existence of
circumstances.
• Reasonable grounds: which assuming them to be true would lead any
ordinary prudent man to the conclusion.
Malicious Intention
• Must have an improper motive.
• Any motive other than that of simply instituting a prosecution for
justice.
• Motive could to be harass.

• Malicious intention is anything apart from an honest belief.


Bhogilal v. Sarojbahen
• Mere result in acquittal of the accused it will not establish malice on
the part of the complainant.
• to bring the charge of malicious prosecution to be established by the
plaintiff that the prosecution was with an oblique motive only with a
view to harass the accused and it would then be a malicious act.
• If it was established that the defendant honestly believed that she
was justified in launching prosecution the allegation of malice against
her would evaporate in air and the plaintiff would not be entitled to
a decree for damages in tort on the ground of malicious
prosecution.
Damage
• Damage need not be pecuniary.
• Rayson v. South London Tramways & Co: False charge that the plaintiff
was travelling w/o a tkt-moral stigma against him- no pecuniary
damage. Damage to his reputation Is actionable.
• Damage to his reputation.
• Damage to his life.
• To Property.
• Damage must be reasonable and probable and not remote.
• E.g. The proceedings must ruin the reputation of the trader.
Damages
• Damages to Reputation.
• Damage to Person.
• Damage to Property
• Legitimate expense incurred by the plaintiff for defending himself in
the case.
• Exemplary Damages may be awarded when prosecution is by the
state or a public servant and the action in prosecution of plaintiff was
arbitrary, unconstitutional.
• Defendants conduct was calculated to make a profit.