Malicious Prosecution: A Tort Against Unjust Prosecution
Abstract
Malicious prosecution is the important area of tort law. It is concerned with redressing those wrongfully and unjustifiably placed under litigation. The instances it covers are where court procedures are brought about for ulterior motives, without serving justice, but as a way of harassing or injuring the person under litigation; they are usually prompted by malice or vindictive motives. Malicious Prosecution Tort is directed towards the limitations of the misuse of judicial procedure and making sure the proportion of a right to relief granted as against evil resulted by the litigation proceedings on baseless grounds. Paper Explores the Key Elements of the cause of action for Malicious Prosecution comprising Lack of Probable Cause, Malice, and Favorable Termination of the Proceeding. This paper looks into landmark cases and statutory provisions regarding common law jurisdictions in the Indian legal system. This helps to establish judicial standards, evidentiary challenges, and possible remedies for the victims. Additional policy considerations: This paper argues for reform based on a more feasible policy of making it possible not to hinder access to justice while preventing vexatious litigation.
Keywords
Malicious prosecution, Tort law, Legal remedy, Wrongful litigation, Judicial interpretation, Damages
