"Malicious prosecution as a tort" -its a question appearing in LLB 1st year examinations of almost each year

1. Malicious Prosecution as a
Tort
Prof Govind Prasad Goyal
IMS Law College, Noida
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2. Outline
Prof Govind Prasad Goyal, IMS Law College, Noida
Definition
Essentials
Defence
conclusion

3. Prof Govind Prasad Goyal, IMS Law College, Noida
Definition
‘Malicious Prosecution’ means “a prosecution on a charge of crime, which is willful, wanton or
reckless or against the prosecutor’s sense of duty and right.”
Definition: Malicious prosecution is the malicious institution against another of unsuccessful
criminal or bankruptcy or liquidation proceeding without reasonable and probable cause.
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4. Prof Govind Prasad Goyal, IMS Law College, Noida
5 Essentials
Read more at Legal Bites © Reserved: https://www.legalbites.in/malicious-prosecution/
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The proceedings must have been instituted, or
continued by the defendant;
He must have acted, without reasonable and
probable cause;
He must have acted, maliciously, and;
The proceedings must have been unsuccessful
and terminated in favour of plaintiff.
That the plaintiff suffered damage

5. Read more at https://www.legalbites.in/malicious-prosecution/

7. Thanks
Prof Govind Prasad Goyal
IMS Law College, Noida
1. This Photo by Unknown Author is licensed under CC BY-SA
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