Malicious prosecution is a false and malicious institution against an innocent person of unsuccessful criminal, bankruptcy or liquidation proceedings without reasonable and probable cause. So an action for malicious prosecution is the medication for baseless proceedings. It is not limited to criminal prosecutions but may carry in retort to any baseless and malicious prosecution, whether criminal or civil.
The word ‘malicious’ derived from the word malice. It is anything done with malice. The ‘prosecution’ word is derived from the word ‘prosecute’ which means criminal proceeding.
In action for malicious criminal prosecution the plaintiff will have to establish under these points.
The plaintiff was prosecuted by the defendant on a criminal charge, or in a bankruptcy or liquidation proceedings.
Termination of proceedings in plaintiff’s favor
The proceedings terminated in plaintiff’s favor. No action for malicious prosecution lies until the prosecution or other proceedings have terminated in favor of person complaining of it.
Judge can agree or disagree with the report of police, although they had written that the man innocent, judge will examine whether the case should go forward or it will ended with police’s intention.
The prosecution instituted with a malicious intention i.e. from an indirect and improper motive. The gist of the action for malicious prosecution is malice or improper motive.
No Reasonable and probable Cause
If the cause was probable and reasonable then you cannot suit for damages. If the cause was not probable and reasonable then the plaintiff can suit for damages.
The plaintiff has to prove that he suffered damage as a result thereof. The plaintiff must prove that he has suffered in person, reputation or pocket, when the proceedings are other than criminal i.e. bankruptcy proceedings.