Malicious prosecution
General Manager
(Querist) 20 November 2024
This query is : Resolved
In which court, a case for malicious prosecution to be filed ? And under which sect6in BNS/IPC and BNSS/CrPC and Order / Rule in CPC ?
If it's in civil court, damages are reto be proved ? unlike in court ?
T. Kalaiselvan, Advocate
(Expert) 20 November 2024
A malicious prosecution case is filed in the court within the local limits of whose jurisdiction the wrong was done.
Malicious prosecution is a legal doctrine that states that legal proceedings initiated with malicious intent, rather than in pursuit of justice, are a tortious act.
To prove malicious prosecution, the plaintiff must:
Demonstrate their innocence
Establish that there was no reasonable and probable cause for the prosecution
Prove that the proceedings were initiated with malicious intent
Show that they suffered damage as a result of the prosecution.
The punishment for falsely charging someone of an offense with the intent to injure them is prescribed in:
Section 248 of the Bharatiya Nyaya Sanhita, 2024 (BNS)
Section 211 of the erstwhile Indian Penal Code, 1860 (IPC).
