( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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    1 Author(s):  RENU TOMAR

Vol -  12, Issue- 2 ,         Page(s) : 57 - 64  (2021 ) DOI : https://doi.org/10.32804/IRJMSH


The idea of malicious prosecution is not essentially alien to Indian law. The tort of malicious prosecution can best be summarized as an institution of proceedings without probable and reasonable cause with malicious intent. This concept has been developed and expanded through judicial precedents over time. The most important aspect for a person alleging malicious prosecutions is to prove want of reasonable and probable cause which is assessed as a question of fact and not a question of law. Reasonable and probable cause has been defined in the case Rishabhkumar v. K.C. Sharma

Norm Maamary, Determining Where the Truth Lies: Institutional Prosecutors and the Tort of Malicious Prosecution, University of Sydney
Rishabhkumar v. K.C. Sharma AIR 1961 M.P. 329
Law Commission Of India, 192nd Report On Prevention Of Vexatious Litigation, 2007
Emperor v Ram Krishna YeshwantAdarkar 31 ILR Bom 204.
Queen-Empress v Budhsen ILR 13 All 351, p 353.
R v Raghu 15 ILR All 336.

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