Introduction
The law allows people to approach courts to enforce their legal rights. However, this right must not be misused.
When a person starts criminal proceedings against another without proper reason and with bad intention, it may amount to malicious prosecution. In such cases, the injured person may claim damages under the law of torts.
Meaning / Definition
Malicious prosecution is a tort that occurs when a person wrongfully starts criminal proceedings against another person without reasonable cause and with malicious intention.
If the person who was wrongly prosecuted proves that the prosecution caused damage, they may file a civil claim for compensation.
Modes or Types
Institution of Proceedings Without Reasonable Cause
One essential element is that the criminal proceedings must have been started without reasonable and probable cause.
Reasonable and probable cause means an honest belief in the guilt of the accused based on reasonable facts and circumstances. If a reasonable person, placed in the same situation, would believe that the accused was probably guilty, then reasonable cause exists.
If such reasonable grounds are absent, the prosecution may be considered malicious.
Presence of Malice
Another important requirement is malice (bad intention).
Malice means that the legal process was used for an improper purpose. For example, the person may want to harm another person's reputation or take revenge.
Malice may be inferred when a person acts recklessly, fails to make proper inquiries, or acts due to personal hostility or long-standing enmity.
However, the mere acquittal of the accused does not automatically prove malice.
Termination of Proceedings in Favour of the Plaintiff
The criminal proceedings must end in favour of the person who brings the claim.
This means the person must be acquitted or discharged, showing that the prosecution failed.
If the proceedings are still pending or end in conviction, the tort of malicious prosecution cannot be established.
Damage Suffered by the Plaintiff
The plaintiff must prove that they suffered actual damage because of the prosecution.
The damage may include:
- Injury to reputation or public image
- Loss of personal liberty, such as arrest or detention
- Financial loss or damage to property
Without proof of damage, no action for malicious prosecution can succeed.
Important Case Law
Abrath v. North Eastern Railway Co.
In this case, a person had earlier received compensation for injuries suffered in a railway accident. Later, the railway company suspected that the injuries had been artificially created with the help of a doctor to obtain compensation fraudulently.
After making inquiries and receiving legal advice, the company initiated criminal proceedings against the doctor. The doctor was later acquitted and filed a suit for malicious prosecution.
The court held that the railway company had reasonable and probable cause to initiate the proceedings. Therefore, the claim for malicious prosecution failed.
Practical Example
P informs the police that a theft has taken place in his house and suspects A. The police arrest A but later release him because the investigation shows that he was not involved.
A files a suit against P for malicious prosecution. The court dismisses the claim because no criminal prosecution had actually begun in a court of law. A prosecution normally begins when a person is summoned to appear before the court.
Summary
- Malicious prosecution is the wrongful use of criminal legal proceedings against another person.
- The proceedings must be started without reasonable and probable cause.
- The defendant must have acted with malice or improper motive.
- The criminal case must end in favour of the plaintiff.
- The plaintiff must prove actual damage such as harm to reputation, liberty, or property.
- If these elements are proved, the plaintiff may claim damages for malicious prosecution.