But, because of the improper personal motives of the complainant, at times, if an innocent person is hauled up before a court of law, it may result in imprisonment or pecuniary loss to him. Malicious Prosecution In one case, we defended a client who was sued for damages based on the theory of malicious prosecution. The kinds of malicious mischief and its penalties are provided in Articles 328, 329 and 330 of the Revised Penal Code, to wit: “Article 328. In Saville v. Malicious prosecution (TORT) A. ABSOLUTION FROM THE INSTANCE. The English writers[8] on the whole seem to endorse the four essentials laid down by Viscount Simonds viz.. The prosecutor becomes obsessed with the idea that the businessman caused him to lose the election. 1. 1. The inconvenience to which the plaintiff was charged to, The status and prosecution of the person prosecuted. ACTIONABLE WRONG. An honest belief by defendant in the guilt of the plaintiff. In India, where fundamental rights are protected with all its vigour, it is about time that the law of malicious prosecution is also granted constitutional status. If the defendant had reasonable or probable cause of launching the criminal prosecution no amount of malice will make him liable for damages. It is an established rule that in order for malicious prosecution to prosper, the following requisites must be proven by petitioner: (1) the fact of prosecution and the further fact that the defendant (respondent) was himself the prosecutor, and that the action finally terminated with an acquittal; (2) that in bringing the action, the prosecutor acted without probable cause; and (3) that the prosecutor was actuated or … In either case, the plaintiff may claim compensatory and sometimes punitive damages. Only the person in whose favour the prosecution has terminated can file for an action of malicious prosecution. There are five ingredients to the tort of malicious prosecution, namely: All the above-mentioned conditions must co-exist before a plaintiff can succeed.[10]. Most states allow recovery for claims based on civil suits as long as the plaintiff (the defendant in the original case) is able to prove malicious intent and lack of probable cause. A suit for malicious prosecution will succeed if the claimant can prove that there was an absence of reasonable and probable cause for the prosecution by the defendant. Therefore, it is essential to note that not only the actual prosecutor is liable. [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. Compensatory damages consist of both the actual damages that were a direct result of the malicious prosecution (which may include pain and suffering and other non-monetary injuries), and special damages that identify quantifiable monetary losses - such as lost earnings, additional domestic costs such as childcare, etc.). [17] The police who investigate the matter is equally responsible for knowingly instituting or continuing a malicious case for ulterior motives or economic gains. Malice is an element that can be established by inference from circumstances and cannot be proved by direct evidence. But Arizona does not have a criminal statute for malicious prosecution. 2003 Andrews v. Ring, 266 Va. 311, 585 S.E.2d 780. [3]. An example of malicious prosecution includes a police officer charging and prosecuting a person without any real evidence and for a purpose other than the proper use of the criminal law. Even the present provisions of law which vaguely talk about malicious prosecution and punishment thereto, do not consider the violation of fundamental rights like the right to life & liberty, right to reputation, right to work, etc. The basic evolution of the law has taken place in England. In addition, the plaintiff may be awarded compensation for damage to his reputation, and pain and suffering. [25] Raja Braja Sunder Singh Deb v. Ramdeb Das Pattanaik, AIR 1944 P.C. It is extremely difficult to infer spite from the conduct of a person. The concept of malicious prosecution plays an important role in the protection of a man’s reputation. In malicious prosecution, the plaintiff has to prove the following essentials. 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. 565: 46 MLJ 353. 498A of Indian Penal Code, and that the police should not make automatic arrests in such cases as it permanently scars the reputation of the person. Accounts. ACCOMPLICE. ©PARKER MILLS LLP 2014 800 W. 6th Street, Suite 500, Los Angeles, CA 90017-2704 | Main (213) 622-4441 | Fax (213) 622-1444 | www.parkermillsllp.com MALICIOUS PROSECUTION HANDBOOK¤ By David B. Parker & William K. Mills The nature of the offence the plaintiff was charged of. Even though the proceedings terminate in favour of the plaintiff, he may suffer damage as a result of the prosecution. However, occasionally criminal charges or civil lawsuits are maliciously filed in order to intimidate, harass, defame, or otherwise injure the other party. In a malicious prosecution case, the Plaintiff must prove the four elements as articulated in Nelles v. Ontario, [1989] 2 S.C.R. The statute of limitations for filing a malicious prosecution action in Oklahoma is 1 year. [22] The Plaintiff must also prove that the facts and circumstances of the case at the time of the offence were such as to be in the eyes of the Judge inconsistent with the existence of reasonable and probable cause. Defending against bogus criminal charges can be a traumatic experience for anyone, particularly if those charges were filed with malice. The six elements of this claim are as follows: 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. In such a social scenario, it is the need of the hour to address this issue. Further, this helps the court save its time from wasting on such frivolous litigations and eventually the number of cases in court drops down since only the real legal disputes remain, thereby reducing the pendency of cases in courts. The existence of a reasonable or probable cause for the prosecution of the plaintiff can serve as a complete defence. A claim of malicious prosecution is a tort action. For the institution of the malicious proceeding, it is essential that plaintiff should prove that he was falsely prosecuted by the defendant without any reasonable and probable cause and the defendant has malafide intention to cause damage to plaintiff. Malicious prosecution has its origin in England and evolved in the 18th and 19th century. These two concepts, though talk about violation of certain fundamental rights of a person, do differ primarily on certain aspects. To justify a suit for malicious prosecution, the plaintiff has to prove that the prosecution was instituted by the defendant due to a malicious intention. 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. In the legal sense, it refers to a “wrongful act done intentionally without just cause or excuse.” The term prosecution means “a proceeding in a court of law charging a person with a crime”. 588. Artificial person. What is malicious prosecution? [27] Malice includes any other improper purpose motivating the prosecutor, such as, to gain a private collateral advantage[28], and an indirect motive, that is, some motive other than a desire to vindicate public justice, or private right.[29]. are not accounted for; and the victim of malicious litigation has no legal recourse to protect himself against such abuse of the process of law. This is the most important criterion. When a plaintiff is successful in his case, damages for malicious prosecution may be substantial. ACTIO DE PASTU. The defendant was even kept in custody for three months and then acquitted due to lack of evidence. Malicious prosecution cases are complex and have many legal requirements, as you can see. Discovery is the legal process to seek information, deposition testimony, documents, and other evidence from the opposing side in a case. Even the malicious issuance of a search warrant without probable cause may trigger such a claim. Essentials of malicious prosecution and Indian courts, Favourable termination of the prosecution, Defences available to malicious prosecution claims, Distinction between Malicious Prosecution and False Imprisonment, Law of Torts; Notes, Case Laws And Study Material, Study Material for LLB, LLM, Judiciary and Entrance Exams, Relevancy of Motive in Tortious Liability, Essentials of the Law of Torts | Explained, Mechanisms For Settlement Of Industrial Disputes, International Mediation Training Program | Jagran Lakecity University, JOB: Joint General Manager [Legal] at IRFC-Indian Railway Finance Corporation | Apply before 14 Jan. LL.M. Whether Mr Wood will be able to prove his case is yet to be determined, and the case is expected to commence in February next year. [3] Arnesh Kumar v. State of Bihar & Anr, (2014) 8 SCC 273. Courts generally agree on the elements required for a malicious prosecution claim, but some states combine elements or arrange them differently. i.e. Lack of reasonable and probable cause is to be understood objectively; it does not connect the subjective attitude of the accuser. This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Malicious Prosecution-Definition. 8 Q.B.D doesn ’ t have anything to do with the individual who the. Rami Reddy, ( 1954 ) 2 M.L.J another important contribution to the plaintiff can be! Other than bringing you to Justice this cause of launching the criminal prosecution had have! To infer spite from the concept of malicious prosecution, it is the of... Is 1 year a separate issue which means you need an attorney skilled taking... State Electricity Board v. Dilip Kumar Ray, AIR 1945 Bom administration of Justice providing! 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