RULES RELATED TO CrPC 91. of U.P.& Ors (2013), held that the police is not liable to launch an investigation in every FIR which is mandatorily registered on receiving information relating to the commission of a cognizable offence. Malicious prosecution is the malicious institution of criminal proceedings on another without any just or probable cause. Define malicious prosecution: The CrPC should define “malicious prosecution” and “wrongful prosecution” in its definition clause so as to make the concepts clear. Share This - … Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC) and is closely connected to the section 499 of the IPC, another crime of defamation. Rule 5-100 Threatening Criminal, Administrative, or Disciplinary Charges (A) A member shall not threaten to present criminal, administrative, or disciplinary charges to obtain an advantage in a civil dispute. Regarding the element of “lack of probably cause”, the court will initially presume that Defendant acted reasonably and in good faith, and, therefore, actually had probable cause to commence the suit. In 2014, a division bench of the SC acquitted them all. Representative image of police. In 2014, a division bench of the SC in Hussein Ghadially vs State of Gujarat (2014), acquitted all eleven persons who were charged in 1995 and had been convicted by the TADA court for 10-20 years in 2008. However, in practice, this path is fraught with complexities. vs Umashankar Pathak (1972), a division bench of the MP high court had found an SI guilty of falsely implicating Umashankar Pathak, an advocate who had staged a hunger strike on the question of food scarcity in Panna, MP. Secondary Sources. Criminal Procedure Code, 1973, Section 197 – Penal Code, 1860, Sections 420, 468, 477A, 120B read with 109 – Public Servant - Sanction for Prosecution - Whether sanction under Section 197 'CrPC' is required to initiate criminal proceedings in respect of offences under Sections 420, 468, 477A, 120B read with 109 IPC? Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. (2016), Durga @ Raja vs State of Madhya Pradesh (2018) and Nandu @ Nandkishore Dheemer vs State of M.P. 198-99, para 38) “38. … Public servants are treated as a special class of persons enjoying the said protection so that they can perform their duties without fear and favour and without threats of malicious prosecution. There are several Supreme Court and high court cases which have revealed how investigations were pursued in order to frame innocent persons or subject them to harassment. Attorneys fees are not recoverable. however, the said protection against malicious prosecution which was extended in public interest cannot become a shield to protect [pic].corrupt officials. (1996), the entire law relating to payment of compensation by the state to a victim of state excesses was expostulated. In common parlance, the word ‘Malice’ means unwillingness towards an individual. Photo: Pixabay, The serious consequences of framing innocent citizens. Basu, Ashok K. 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