malicious prosecution

Malicious prosecution is a tort that protects a person from being dragged into baseless criminal proceedings. The plaintiff must prove five things: (1) the defendant prosecuted him (set the law in motion, not merely gave information to the police); (2) the prosecution ended in the plaintiff's favour; (3) there was no reasonable and probable cause; (4) the defendant acted with malice, that is, for a purpose other than bringing an offender to justice; and (5) the plaintiff suffered damage to reputation, person or property.

An acquittal alone does not prove absence of reasonable cause. The suit must be filed within one year of the acquittal or other termination of the prosecution.

Example

Since the complaint was filed out of a land dispute and the accused was acquitted, he sued for malicious prosecution within a year.

In Indian law

• Article 74, Schedule, Limitation Act, 1963: one year from acquittal

See also

tort · acquittal · defamation · false imprisonment

Read more in the study notes

• Criminal miscellaneous petitions, criminal appeals and revisions (Drafting, Pleading and Conveyance)
• Compensation jurisprudence: public law damages for violation of fundamental rights (Indian Constitutional Law - New Challenges)
• Secularism and the State's power to regulate secular activities associated with religion (Indian Constitutional Law - New Challenges)
• Risk, causa proxima and loss minimisation (Insurance Law)
• Fire insurance (Insurance Law)
• Questions of law, fact and discretion (Jurisprudence)