anuradha goyal (member) 12 November 2011

Malicious prosecution

An expartee decree of divcorce was passed on the basis of false affidavits filed by witnesses.can they be prosecuted for malicious prosecution

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3 Replies

kumar t v s (advocate) 12 November 2011

PERJURY for swering false affidavit.

Malicious Prosecution is when a criminal complaint ends up in an acquital after a detailed trail i.e. after the accused and complainant are examined/cross*xamined,

pratik (self working) 12 November 2011

sir some more easy way to understand more in detail the meaning of malicious prosecution. Sir form ur explaination can i say that if the person who had lied before the court can be brought through malicious prosecution only when the accused is acquital & If the accused is conicted than prejury is applicable sir if i am wrong then correct me.

Also sir pls tell me the case law to refer to understand more in depth the meaning of malicious prosecution & the difference between malicious prosecution & prejury application.

Any case law than pls provide .

Thanks