malicious prosecution.
Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
Simply Difference between malicious prosecution and for defamation. Because defamation has been defined u/s 499 but what about malicious prosecution in which case law it has defined. Pls also tell the meaning of it. If there any case law which define malicious prosecution than pls post in this forum.
Thanks
Dr V. Nageswara Rao
(Expert) 17 May 2011
1.An action for malicious prosecution (MP)is the remedy for baseless and malicious litigation. It is not limited to criminal prosecutions but may be brought in response to any baseless and malicious litigation or prosecution, whether criminal or civil.In the earlier case, the Court must have ruled in favour of the plaintiff in MP.
2.Conditions: Abrath vs. Northeastern Railway Company, 11 QBD 440.: 1. Proof of malice 2. absence of reasonable and probable cause. In this case the original case was a civil one.
3. (a)Defamation is both a crime and a tort.MP is only a tort.(b)Motive of the defendant is irrelevant in civil case of defamation. But it is relevant in MP.(c) MP arises out of malicious litigation. What is alleged in a court of law is, as a rule, privileged and cannot be the ground of action for defamation.(d) A false case of defamation might lead to MP.
