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    Malicious Prosecution

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    Rohan Verma
    A malicious prosecution occurs when a person institutes judicial proceedings against another with improper motives and without probable cause, resulting in damages to the plaintiff. The elements that must be proven are: the defendant initiated the prosecution, there was no reasonable cause, the defendant acted with malice, the proceedings ended in favor of the plaintiff, and the plaintiff suffered damages. Defenses include good faith, existence of probable cause, fault by the plaintiff, and immunity for judicial authorities.

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    Malicious Prosecution

    Uploaded by

    Rohan Verma
    104 views5 pages
    A malicious prosecution occurs when a person institutes judicial proceedings against another with improper motives and without probable cause, resulting in damages to the plaintiff. The elements that must be proven are: the defendant initiated the prosecution, there was no reasonable cause, the defendant acted with malice, the proceedings ended in favor of the plaintiff, and the plaintiff suffered damages. Defenses include good faith, existence of probable cause, fault by the plaintiff, and immunity for judicial authorities.

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    A malicious prosecution occurs when a person institutes judicial proceedings against another with improper motives and without probable cause, resulting in damages to the plaintiff. The elements that must be proven are: the defendant initiated the prosecution, there was no reasonable cause, the defendant acted with malice, the proceedings ended in favor of the plaintiff, and the plaintiff suffered damages. Defenses include good faith, existence of probable cause, fault by the plaintiff, and immunity for judicial authorities.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    104 views5 pages

    Malicious Prosecution

    Uploaded by

    Rohan Verma
    A malicious prosecution occurs when a person institutes judicial proceedings against another with improper motives and without probable cause, resulting in damages to the plaintiff. The elements that must be proven are: the defendant initiated the prosecution, there was no reasonable cause, the defendant acted with malice, the proceedings ended in favor of the plaintiff, and the plaintiff suffered damages. Defenses include good faith, existence of probable cause, fault by the plaintiff, and immunity for judicial authorities.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 5

    MALICIOUS PROSECUTION

    MALICIOUS PROCEEDINGS
    In the case of West Bengal State Electricity Board v. Dilip Kumar Ray, the Court defined the term
    “malicious prosecution” in the following words:
    “A judicial proceeding instituted by one person against another, from wrongful or improper motive
    and without probable cause to sustain it is a malicious prosecution.

    2
    ELEMENTS OF MALICIOUS PROSECUTION
    3 1. Prosecution by defendant.
    2. Absence of reasonable and probable cause
    3. Defendant acted maliciously.
    4. Termination of proceedings in the favor of the plaintiff.
    5. Plaintiff suffered damage as a result of the prosecution.

    Reference case laws


    • Nagendra Nath Ray vs. Basanta Das Bairagya
    • Dattatraya Pandurang Datar v. Hari keshav
    DEFENCES
    4
    ◈ Good faith
    ◈ The existence of a reasonable or probable cause
    ◈ Plaintiff is at fault\
    ◈ Judicial authority and immunity from prosecution
    CONCLUSION

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