Regarding malicious prosecution claim
Anita kute
(Querist) 29 March 2020
This query is : Resolved
My friend has been prosecuted in a false criminal case and after full hearinghe is acquitted by the court now he has to file damages claim so Under which law that claim for false prosecution can be filed and under which provision
Raj Kumar Makkad
(Expert) 29 March 2020
Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC) and is closely connected to the section 499 of the IPC, another crime of defamation. Either or both criminal and civil cases can be filed against any malicious case once the malice in the case is clearly established.
Raj Kumar Makkad
(Expert) 29 March 2020
Go through the following link of Lawyersclubindia Article written by an expert of this site and get the desired information more than that also:
https://www.lawyersclubindia.com/articles/On-Dealing-with-Malicious-Prosecution-8200.asp
Dr J C Vashista
(Expert) 30 March 2020
You are required to decide whether you intend to be compensated or prosecute the person who have initiated false prosecution.
Compensation is a civil suit where you are required to claim a "certain" amount whereas the person may be awarded 7 years imprisonment for defamation u/s 499 / 500 IPC.
Dr J C Vashista
(Expert) 30 March 2020
What is the opinion and advise of your lawyer who is well aware about the facts and circumstances of the case besides the fact that s/he is an able, competent and intelligent enough to guide you ???
P. Venu
(Expert) 30 March 2020
What is the nature of the action that is intended - is it civil or criminal or both?
Rajendra K Goyal
(Expert) 30 March 2020
What type of case was against your friend?
What were sections of IPC?.
When the case against him was decided?
Rajendra K Goyal
(Expert) 30 March 2020
Your friend has to decide, whether he want to proceed by filing criminal case or only claim compensation?
He can proceed accordingly.
T. Kalaiselvan, Advocate
(Expert) 30 March 2020
If your friend was prosecuted under criminal law and was acquitted then it is to be seen that whether he can file a defamation case or a case under section 211 ipc.
Because generally acquittal shall be due to no proper evidence to prove the offence and accused as guilty of the same.
Until the case is dismissed as false case, his proposed action of filing a malicious prosecution case may not be maintainable.
Dont take any hasty decision because it may backfire.
Rajendra K Goyal
(Expert) 31 March 2020
The author has not provided the information sought by the expert Dr. J.C. Vashishta ji and others. Further advice possible after that.
Raj Kumar Makkad
(Expert) 31 March 2020
The silence of the author over the subsequent questions raised shows complete lock-down?
Rajendra K Goyal
(Expert) 31 March 2020
Complete lockdown is the need of the hour, however, there is no need of lockdown for providing required supplementary information.
Raj Kumar Makkad
(Expert) 31 March 2020
Non-response from the querist is sufficient to conclude lock-down of all types.
