Understainding the Tort of Malicious Prosecution

Introduction

‘Malicious prosecution’ is a tort that arises when one party institutes or pursues legal proceedings against another without reasonable grounds, and with a wrongful intent, resulting in harm to the victim. It is designed to provide relief to individuals who have suffered due to wrongful use of legal mechanisms. In the case of West Bengal Electricity Board v. Dilip Kumar Raj, the court defined the term ‘Malicious Prosecution’ as a judicial proceeding instituted by one person against another, from wrongful or improper motive and without probable cause to sustain it is a malicious prosecution.

Therefore, malicious prosecution can be defined as a legal claim arising when a person initiates a criminal or civil proceeding against someone without reasonable grounds and with malicious intent. The purpose is often to harass, embarrass, or harm the defendant in such proceedings.

Essential Elements of Malicious Prosecution:

1. Initiation of a Legal Proceeding: The defendant must have initiated or been actively involved in instituting the proceedings against the plaintiff.

2. Lack of Reasonable Cause: The proceedings were initiated without a proper or legitimate reason.

3. Malice: The defendant acted with an improper or malicious motive, such as causing harm rather than seeking justice.

4. Termination in Favor of the Plaintiff: The earlier proceeding must have ended in favor of the plaintiff, who is now claiming malicious prosecution.

5. Damage: The plaintiff must have suffered harm, such as reputational damage, financial loss, or emotional distress.

Civil proceedings– In the case of Genu Ganapati v. BhalchandJivraj, the Bombay High Court laid down the similar ground rules for establishing civil liability in case of malicious prosecution.

What is not a prosecution?

It is a well-established principle that disciplinary actions taken by an authority do not constitute prosecution by a judicial body and, therefore, cannot form the basis for a suit of malicious prosecution.

Additionally, in the case of Khagendra Nath v. Jacob Chandra, the court held that prosecution cannot be deemed to have commenced at the stage when a complaint is merely submitted to a competent (executive) authority.

Remedies Against Malicious Prosecution:

1. Damages:

• • Special Damages: For quantifiable financial losses, such as legal expenses or loss of business.
• • General Damages: For non-quantifiable harm like mental distress, reputation damage, and humiliation.
• • Exemplary Damages: To punish and deter malicious conduct in some jurisdictions.

2. Injunctions: Prevent further similar malicious acts by the defendant.

Exceptions to Malicious Prosecution:

1. Reasonable Cause: If the defendant can show that there was a legitimate reason to initiate the proceedings, they may not be liable.

2. Absence of Malice: If the defendant’s intent was not malicious but based on genuine belief or information, liability may not arise.

3. Privilege: Certain officials, such as police officers or prosecutors acting within their official capacity, may have qualified or absolute immunity.

Proof Required for Success in a Malicious Prosecution Suit

The plaintiff must demonstrate the following, to succeed in a malicious prosecution claim:

1. Evidence of Initiation: Proof that the defendant was actively involved in starting or continuing the proceedings.

2. No Reasonable Cause: Evidence that no reasonable or probable cause existed for the defendant to pursue the legal action.

3. Malice: Evidence of wrongful intent or malice, such as proof of bad faith actions by the defendant. Malice can be inferred from circumstances, such as pursuing baseless or retaliatory claims.

4. Favourable Termination: Official documentation or records confirming that the earlier proceedings concluded in the plaintiff’s favor.

5. Proof of Damage: Demonstration of actual harm or loss suffered, including financial, emotional, or reputational damage.

Conclusion

Malicious prosecution serves as a crucial legal safeguard against the abuse of legal processes. It provides a remedy for individuals who have suffered harm due to baseless and maliciously motivated legal actions. To successfully claim malicious prosecution, a plaintiff must establish the initiation of proceedings without reasonable cause, malicious intent on the part of the defendant, a favorable termination of the original proceedings, and demonstrable damage. While the law recognizes certain exceptions, such as reasonable cause and privilege, the core principle remains: the legal system must not be weaponized to inflict unwarranted harm. By holding those who misuse legal mechanisms accountable, the tort of malicious prosecution upholds the integrity of the justice system and protects individuals from unwarranted legal harassment.