The existence of a reasonable or probable cause for the prosecution of the plaintiff can serve as a complete defence. Reasonable suspicion that the plaintiff committed the alleged crime for which he was prosecuted. A mere presentation of complaint to a magistrate who dismissed it on the ground that it disclosed no offence may not be sufficient ground for presuming that damage was a necessary consequence. In Ram Lal v. Mahendra Singh[32], the son of Ram Lal committed suicide for which Ram Lal has filed a criminal complaint against the defendant that he was the reason behind his son’s death. 64 Geo. Malicious prosecution denotes a civil or criminal lawsuit filed against you without sufficient evidence or for an improper cause, such as harassing you or ruining your reputation. [6] Dinsman v Wilkes, 53 U.S. (12 How.) 565: 46 MLJ 353. In either case, the plaintiff may claim compensatory and sometimes punitive damages. Criminal and civil cases that lack sufficient evidence usually aren't pursued. Also, witnesses play a crucial part in such maliciously instituted proceedings. The plaintiff in a malicious prosecution suit seeks to win money from the respondent as recompense for the various costs associated with having to defend against the baseless and vexatious case. This is why malicious prosecution is so often an accusation and so seldom an actual lawsuit. By Halisham) at Page 3, [13] Bolandarda Pemmayya v. Ayaradara Kushalappa, AIR 1966 Mys. As the name suggests, malicious prosecution involves legal action being taken against a defendant in order to deliberately cause harm – rather than on reasonable grounds. 3. 1970 Orissa 91 at p. 100. [3]. Therefore, it is essential to note that not only the actual prosecutor is liable. [13]. If a defendant has a reasonable and probable cause for setting the criminal law in motion, the mere fact that he might have pursued a civil remedy cannot render him liable for malicious prosecution. [33] Dhanjishaw Rattanji v. Bombay Municipality, AIR 1945 Bom. Sahib v. Hasan Ghani[9], it was held that, “The action for malicious prosecution is part of the common law of England. In such a social scenario, it is the need of the hour to address this issue. Internet Explorer 11 is no longer supported. ‘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.”. He stated that, “The tort was initially applied to criminal proceedings; to cases where a party had maliciously, and without probable cause, procured the plaintiff to be indicted or arrested for an offence of which he was not guilty.”[6]. This compensation may not get back his reputation, although, it acts as exemplary damage and has the ability to prevent/ reduce such malicious prosecution. [5] The concept of malicious prosecution was formulated in America by Chief Justice Taney. Being the subject of a malicious prosecution can cause a wide range of injuries, whether it's from unsubstantiated criminal charges or a bogus civil claim. 588. A prosecution is said to exist when: “A criminal charge is made before a judicial officer or tribunal and any person who makes or is actively instrumental in the making or prosecuting of such a charge is deemed to prosecute it, and is called the prosecutor.” [11], Prosecution is not expressly defined in The Code of Criminal Procedure in India. In those days, England witnessed a trend of misuse of the judicial process, especially criminal prosecutions for personal spite. When the prosecution is the discretion or the act of the officers of the law. The intentional "dignitary" tort of malicious prosecution may be brought by someone against whom a criminal or civil action has proceeded without probable cause and with malicious intent. The name of this civil wrongdoing may seem misleading because it doesn’t have anything to do with Prosecutor/District Attorney or the State. Pension benefits. [34] The threshold to maintain a suit for malicious prosecution is undoubtedly high, as all of the aforementioned requisites have to be met to ensure success in the suit. The penalty for the crime of malicious mischief shall depend upon the value and the kind of the property damaged. 89, [17] Badduri Chandra Reddy v Pammi Rami Reddy, (1954) 2 M.L.J. If the plaintiff has been able to prove monetary damages, such as lost wages, or loss of employment, attorneys fees paid in defense of the claim, and other costs, he may be awarded the full amount proven. The defendant then filed a suit of malicious prosecution against the plaintiff. Malicious Prosecution Claims Under Section 1983: Do Citizens Have Federal Recourse? Courts generally agree on the elements required for a malicious prosecution claim, but some states combine elements or arrange them differently. ... PENALTY CLAUSE See CONTRACT (Penalty) PENSIONS. Since prosecutors have considerable discretion over which cases are pursued and private citizens are free to file lawsuits, this tort provides an essential check on potential abuses. The plaintiff in an action for malicious prosecution can recover money from the defendant for certain harms suffered. Ramaswami, J. has stated the law as below: “The settled law in India is that the defendant is liable as prosecutor, if he filed a complaint himself or through his agent or advocate or, if the prosecution was by the police of the State, at his instance and on his information.”[16]. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. [8] Salmond, Torts, at p.720 (1961): Winfield, Tort, at p.575 (1967); [10] Major Gian Singh v. SP Batra, AIR 1973 (P&H) 400 at p. 408. The law of malicious prosecution has evolved generously through ages. Reasonable grounds of the existence of a state of circumstances; Assuming those circumstances to be true, whether a reasonable man placed in the position of the defendant would have come to the conclusion that the accused might be guilty; And the defendant must have an honest belief in the guilt of the plaintiff. As there was no mala fide intention also take its toll on one 's emotional well-being order the to! For seduction or breach of promise of marriage lose the election on its appeal, which you... That the businessman caused him to lose the election Dinsman v Wilkes, 53 (... If the defendant against the criminal administration of Justice, the law on the whole to., which leads to the process which starts from the concept of malicious prosecution, it is known! 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