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  • Read the given passage very carefully and answer the question. Malicious prosecution is a common law tort, which found its origin in the ancient English regime. The most

Read the given passage very carefully and answer the question.

Malicious prosecution is a common law tort, which found its origin in the ancient English regime. The most important aspect of a person’s life is his life, liberty, and reputation. The concept of malicious prosecution safeguards all three of them by effectively protecting the person from unwanted and maliciously instituted proceedings. The origin of this concept, in effect, came from the abuse of the judicial process. Professor Winfield has the following to say about the law of malicious prosecution: “It had to make its way between two competing principles, -freedom of action that every man should have in bringing criminals to justice and the necessity for checking lying accusations of innocent people. For some time the judges oscillated between apprehension of scarring off a just accuser and fear of encouraging a malicious one.” To meet its public policy goals, the law provides adequate protection to anyone wishing to prosecute even if there is no reasonable or probable cause for the same. However, a person stands to lose that protection if the privilege is abused for the satiation of his personal spite and ill will. Thus, if there is a perverse usage of the machinery of justice, an action for malicious prosecution will be maintainable. There must have been a prosecution initiated by the defendant. The word 'prosecution' means a proceeding in a court of law charging a person with a crime. To prosecute is to set the law in motion and the law is set in motion only by an appeal to some person clothed. The person to be sued is the person who was 'actively instrumental in putting the law in force. There was a conflict on the question of whether there is the prosecution of a person before a process is issued calling upon him to defend himself. One view was that a prosecution began only when the process was issued and there could be no action when a magistrate dismissed a complaint under section 203 of the code of criminal procedure. The other view was that a prosecution commenced as soon as a charge was made before the court and before the process was issued to the accused.

 Question

Which of the following statements is incorrect?

 

Option: 1

Malicious prosecution consists of instituting unsuccessful criminal, bankruptcy, or liquidation proceedings.

 


Option: 2

Malicious prosecution consists of instituting unsuccessful legal proceedings, civil or criminal.

 


Option: 3

  Action for malicious prosecution will not succeed if no damage results thereby.

 


Option: 4

The criminal prosecution should be without any reasonable or probable cause.

 


Answers (1)

best_answer

Malicious prosecution is a common law tort, which found its origin in the ancient English regime. The most important aspect of a person’s life is his life, liberty, and reputation. The concept of malicious prosecution safeguards all three of them by effectively protecting the person from unwanted and maliciously instituted proceedings. The origin of this concept, in effect, came from the abuse of the judicial process.

 

 

Posted by

seema garhwal

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