The document discusses the legal concept of malicious prosecution as a tort, defined as a willful and unreasonable criminal accusation without probable cause. It outlines the essential elements required to establish such a claim, including the need for the proceedings to be instituted without reasonable cause and to have ended in favor of the plaintiff. The document also highlights the requirement that the plaintiff must have suffered damages due to the malicious prosecution.

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
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