malicious prosecution ipc

“From the aforesaid discussion, it can be concluded that the prosecution has failed to prove the charge u/s 188 IPC against the accused persons in as much as not even an iota of evidence qua the first two pre­requisites of promulgation and actual knowledge of the order u/s 144 Cr.P.C. In fact the prosecutors and the law enforcement officials have immunity from unnecessary prosecution while engaging in their official duties but if anybody can prove that the prosecutor or law enforcers have acted in excess of their normal scope of authority they cannot claim such immunity. Here, the plaintiff is indirectly restrained by the proceedings in the court. In the case, Issardas v. Acissudomat[4], it was held by the court that in the cases where there were more than one persons against whom the suit or complaint was filed, and the proceedings are withdrawn by the complainant as a result of an understanding between any one of the several other people whom the complainant had complained against, the other persons are entitled to bring a suit against the complainant for malicious persecution. When some questions come up about the businessman mixing business and politics, the prosecutor grabs the opportunity to accuse and charge the man with attempting to bribe public officials. Izhar Hussain, that this expression does not mean giving false evidence as a prosecution witness against an accused during the course of a criminal trial. Malicious prosecution and abuse of process are related types of civil lawsuits where one person (the plaintiff) sues another person (the defendant) for, in a prior case, trying to use the legal system against the plaintiff in an inappropriate manner. Author: Monazza Sajid, Symbiosis Law School, NOIDA, The court defined the term ‘Malicious prosecution’ in the case of West Bengal State Electricity Board v. Dilip Kumar Ray. Bandopadhyaya v. Union of India, the term ‘Prosecution’ was discussed. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of … Proceedings instituted maliciously may include not only malicious prosecution and malicious arrest but also malicious bankruptcy and liquidation proceeding (civil proceedings), malicious execution of process against property, and malicious search. Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC) and is closely connected to the section 499 of the IPC, another crime of defamation. This article discusses the elements of a malicious prosecution or abuse of process claim. Sir William Blackstone describes malicious prosecution as a kind of defamation. Agarwalla v. Halar Salt and Chemical Works[9], the court held that there could essentially be three types of damages, and they are as follows: It must be kept in mind that the damages must not be remote but should be reasonable as a result of the malicious prosecution by the defendant. According to the court, it was “ajudicial proceeding instituted by one person against another, from wrongful or improper motive and without probable cause to sustain it, is a malicious prosecution.”[1]. Reported in : AIR2007SC976; 2006(12)SCALE559of duty and right, or for ends he knows or is bound to know are wrong and against the dictates of public policy.the term 'malicious prosecution' imports a causeless as well as an ill-intended prosecution. Many of the cases relating to marriage and family matters are frivolous ones narrating noting but fairy tales. In false imprisonment, the injury is caused to the plaintiff by the defendant himself. Malicious Prosecution is an institution of a civil or criminal proceeding by a person against another person without any actual cause, just to harm the reputation of that person. Malicious prosecution is the malicious institution against another of an unsuccessful criminal, bankruptcy or liquidation proceeding, without reasonable or probable cause. It is a crime under section 211 of the Indian Penal Code (IPC), and both, civil and criminal, cases can be filed against any malicious case once the malicious intent is established. 5) Writ of Mandamus may be preferred before respective High court seeking exemplary Damages / Compensation from respective State Government for “malicious prosecution” by the Police. Either or both criminal and civil cases can be filed against any malicious case once the malice in the case is clearly established. Malicious Prosecution is described under Law of Torts and also under Indian Penal code. If proceeding is for an offence chargeable with death or life term or for seven years the punishment shall be for 7 years. “In other words, an unwarranted prosecution may damage a person’s reputation. Can I file a case for false and malicious prosecution answered by expert criminal lawyer. 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Malicious prosecution is a common law concept that involves intentional institution of a false proceeding against someone without any probable ground of action and the court also finds out that such suit was merely an attempt of plaintiff to annoy, harass or intimidate the defendant by … The defendant may not be acting with malice, in the beginning, however, if during the proceedings, he comes to know about the innocence of the plaintiff, then the continuance of the proceedings against the plaintiff by the defendant would be considered as malicious. The basic ingredients of a malicious case are:-. And they are as follows:”. according to him it is the third way of ravaging or devastating a man’s reputation by preferring malicious indictments or in legal terminology prosecution against him which under the mask of justice and public spirit, Moreover predominantly the sole ground for such instigations is private spite and enmity.in … Malicious Prosecution is the tort where the defendant initiates a criminal or civil proceeding against the plaintiff without any reasonable cause or any substantial evidence for the sole motive of injuring the plaintiff’s reputation or defaming him. For the initiation of malicious prosecution, the plaintiff should be acquitted by the court.”. Malicious Prosecution here refers to the practice of filing of any civil or criminal cases that has neither any substantive value nor for getting any genuine relief but intended to injure the defendant or bring him to a negotiating table or to set an old score out of some egoistic clashes. The person prosecuting someone for filing a malicious case must establish that the accused had intention to cause injury - section 44 of the IPC defines the term “injury” - to the reputation or property. On the other hand, malicious prosecution has been defined as an action for damages brought by or against who a criminal prosecution, civil suit or other legal proceeding has been instituted maliciously and without probable cause, after the termination of such prosecution, suit, or other proceeding in favor of the defendant therein. With contract and malicious prosecution as a kind of defamation element in imprisonment. Join lawyersclubindia.com and Share your knowledge directly restraint, and his movements are restricted the involvement malicious prosecution ipc IPC... Acquitted by the authorities to start prosecution visiting this website, you acknowledge that you of your own wish. That was conducted against you but ultimately terminated in your favor in nature defendant in! 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