Defamation for malicious prosecution
prabhakar rao j
(Querist) 19 November 2012
This query is : Resolved
my friend wife filed criminal cases against him which ended in his clean acquittal. Now he wants to file defamation case against her for malicious prosecution. my doubt is that can he file the defamation case against his wife for defamation. I heard that this should filed with in one year time. whether it is from the date of accusation or from the date of acquittal ? what is the remedy that available to the innocent victims (husbands)to punish the wrong doers ?
V R SHROFF
(Expert) 19 November 2012
Criminal Court case proceedings are not covered under defamation. It is Legal Procedure.
Court usually say, She failed to prove allegations, does not mean it were false..
So not advisable.
Advocate Bhartesh goyal
(Expert) 19 November 2012
Husband can file suit for malicious prosecution agaist his wife within one year from date of acquittal order.
prabhakar rao j
(Querist) 19 November 2012
Bhartesh sir can you please tell me under what provision the husband can file a criminal case for malicious prosecution.
Devajyoti Barman
(Expert) 19 November 2012
Civil suit for damages out of malicious prosecution.
R.K Nanda
(Expert) 19 November 2012
no more to add.
M V Gupta
(Expert) 21 November 2012
Suit for malicious prosecution is an action under the law of torts. It is filed to claim monetary damages for the loss of reputation caused by the false case filed against the aggrieved party. In such a suit the plaintiff who is the accused sperson in the criminal case (here the husband) will have to prove that the prosectuiotion has finally ended in his acquittal and that the case was was baseless and was filed with the evil intention of causing damage to the reputation of the person filing the suit.
