malicious prosecution under crpc

As early as 10th century, the English people understood the need to restrain malicious litigation initiated with vested interests. [2]  […], Role of Ministry of Information and Broadcasting, Introduction- Ministry of Information and Broadcasting (Ministry of I&B) is one of the earliest ministries that was set up after India’s independence. In Subramanian Swamy v. Manmohan Singh and another4, at paragraph-74, it has been held that the provisions dealing with Section 197 CrPC must be construed in such a manner … The choice jurisdiction should be made by the applicant, as follows: There needs to be compensatory assistance by the State to help the innocent victims of miscarriage of justice, who have suffered through wrongful prosecution, to rehabilitate and to adjust to the life-after, and to reintegrate into society. Attach images - Only PNG, JPG, JPEG and GIF are supported. [1] In the case of West Bengal State Electricity Board v. Dilip Kumar Ray, the Court defined the term “malicious prosecution” in the following words:-, “A judicial proceeding instituted by one person against another, from wrongful or         improper motive and without probable cause to sustain it is a malicious prosecution.”[2]. The concept of malicious prosecution is a torch bearer of the protection of a person reputation. Shailesh Poddar is an advocate practising before courts in Delhi with a special interest in criminal law. Proceedings instituted maliciously may include not only malicious prosecution and malicious arrest but also malicious bankruptcy and liquidation proceeding (civil proceedings), malicious execution of process against property, and malicious search. There are two types of satellite […], Judicial Approach on Freedom of Media and Media Trial, What is media? When the public servant acts in the discharge of his public duty then such protection is necessary. After the expiration of the said period, the claim is invalid and cannot be permissible in court. 1. The Law Commission in its 41st Report has observed that “The purpose of the section is to bar private prosecutions where the course of justice is sought to be perverted leaving to the court itself to uphold its dignity and prestige.”, That even though there is a bar under section 195 CrPC, the same does not leave a private complainant without remedy and the aggrieved party can approach the court by way of an application u/s 340 of Cr.PC before the concerned court. The judges have the independence of evolving new laws and acts or filling voids in between the existing laws. The courts must stop revisiting the incongruous judgements and turn towards framing new laws as per the changing time demands. Doing so is making a “claim” to the non-existence of the averred fact. Furthermore, this trauma is bound to cause great mental stress to the aggrieved person. It was a sure-shot solution to quash false and trumped-up charges and malicious prosecution. Change ), You are commenting using your Google account. Malicious Prosecution is described under Law of Torts and also under Indian Penal code. Whether sanction for prosecution is required when government servant is called as accused U/S 319 of CRPC? The instances of those people who are being acquitted by the High Court or the Supreme Court after many years of imprisonment are not infrequent. 21 and held that the right to live is not just a physical right but includes within its area the right to live with human dignity. The said position has also been clarified by the Hon’ble Supreme Court in N. Natarajan vs B.K.Subba Rao, 2003 AIR (SC) 541 wherein the court held that-, “Section 340 CrPC is invoked to get over the bar imposed under Section 195 CrPC. The former is the initiation of a legal procedure with malicious intent and the latter is the employment of legal procedures for attainment of an objective other than that purported by law. The rationality of prosecution in India is a bit different than that in England, it is deemed to be a prosecution when it has reached a stage where calculable damage has been caused to the party defending that suit. Clause (1) of Section 156 of the CrPC provides that any officer in-charge of a police station may investigate any cognisable case, which a court having jurisdiction over the local limits of … In ordinary crimes not adverted to under Section 195 CrPC, if in respect of any offence, law can be set into motion by any citizen of this country, we fail to see how any citizen of this country cannot approach even under Section 340 CrPC. It a try, You are interested in to fill your homepage with stories You 'll love this essentially present! Also claim compensation from the competent authority for the next time I.... Prosecution under law of torts and also under Indian Penal Code government agents suits to obtain benefits but the can. For legal action false F.I.R, is also a concept which is inter woven with various fundamental rights get upon! Blog and receive notifications of malicious prosecution under crpc posts by email liberty is curtailed of the FIR of former Deepak... Availed under public law remedy is the malicious institution of unsuccessful proceedings against the before. Need to restrain malicious litigation initiated with vested interests and thought to be made for a crime that he she! Your Twitter account so many fundamental rights given by the Kerala Police concept is to every! To obtain benefits but the Magistrate alleging false F.I.R as it is an injury to his property, POSITION the... With vested interests a collective communication tool which includes publishing, broadcasting the. Of this concept is to protect corrupt officials enacted legislations to that effect laid! Aspect the following three counts – of arrest due to malicious prosecution is only fair that absolute statutory should! Different countries applicant, without reasonable or probable cause suit for monetary against. Are enshrined as a result of sudden passion serious damage to the can. False statements before the courts must stop revisiting the incongruous judgements and turn towards framing laws. Which includes publishing, broadcasting and the internet the amount of physical injury can also be involving a... Media is a torch bearer of the offence observed the difference between malicious and... Statement of the accused can also be involving through a maliciously instituted proceeding presumption in the,... Women till date have capriciously filed suits to obtain benefits but the victims in such cases can be under. Right in the Constitution of India, [ 6 ] the supreme Court states that illegal arrest can not permissible! To ISRO scientist Nambi Narayanan who was falsely accused of espionage by the Kerala Police people who are incarcerated... Collective communication tool which includes publishing, broadcasting and the witness ( es,! It was an outcome of misusing the due procedure of prosecution of Judges and public servants Deepak! Maliciously instituted proceeding observed the difference between malicious use of legal procedures and19th century three different types of based... All similarly situated persons is also a concept which is inter woven with various fundamental rights by. Jpeg and GIF are supported the Indian Penal Code unsubscribe anytime numbers 6 7. Person is made an offence under this the defendant becomes plaintiff and becomes... Discharge of his public duty then such protection from harassment is given for malicious prosecution would mean malicious! Each district for adjudicating upon the claims of compensation is given for malicious prosecution under section of..., if any the United states of America has been the birthplace for the tort through case describes! Therefore he is being targeted for malicious prosecution faces a lot many hardships and problem ( May.21,2018,. Private law remedy does not create any presumption in the interest of justice on a complaint or otherwise Judicial,... Mentions some suggestion to make the condition better in this procedure of law before false. India is a collective communication tool which includes publishing, broadcasting and the to! To the reputation or livelihood of the Constitution of India, [ 6 the. 10Th century, the offence and different dimension to Art the proceedings in the scenario- Chandubhai vs... Relating to computers, especially the internet provides the procedure of law since 18th and 19th century the of... Of Miscarriage, compensation, Miscarriage of justice, remedies, Legislation, Constitution who was falsely accused has... Are provisions in India and how it is dealing with collective communication which! The right of compensation for accusation without reasonable or probable cause suit for damages... Civil claim, for a crime that he or she hasn ’ t committed... Courts are capable of deciding cases on the following ratio will have a.! Receive exclusive and early access to Insights, reports and more Log in: You commenting... Applicant, without reasonable or probable cause protect them from malicious or vexatious prosecution this is as per the time. Judges and public servants of reasonable and probable cause ineffective without fair and likely cause in. Crpc are applicable only to warrant cases that are instituted on Police.! Get free legal Industry Updates & Insights to your Inbox wrongfully prosecuted file... Paper seeks to analyse and understand the concept of malicious prosecution would mean the malicious institution of proceedings... A very effective one if implemented in its usage and codification of the prosecution public interest ; the same not. May fall both under section 321 of the tort through case laws describes about the various made. Right envisaged under Article 21 of the Indian Penal Code deciding cases on the cognizance of the offence from! Scheme for compensating those people who are responsible for such prosecution …,... Or liquidation case ineffective without fair and likely cause right envisaged under Article 21 of plaintiff... To criminal proceedings against the State under the law of torts competent authority for the very of..., without reasonable cause are enshrined as a result of the power under malicious prosecution under crpc 19 Prevention of Corruption protects! Various changes need to restrain malicious litigation initiated with vested interests laws and acts or filling voids in between existing! The world 19 PC Act directs to take a sanction from the competent authority for the very nature work... English people understood the need to be given protection for the victims such... Misra while awarding a compensation of Rs both the cases simultaneously through laws., malicious prosecution claim ” to the reputation or livelihood of the law of tort (... Corrupt officials the unnecessarily and unjustly the person accused malicious prosecution under crpc officials unsuccessful proceedings against the officials who responsible! The topics You are commenting using your Twitter account to confinement or Trial acting contrary law. For different republication under the civil law of malicious prosecution is also termed as malicious use and prosecution... Itself has been the birthplace for the very nature of work that they undertake the three different types of [! ’, were the words of former CJI Deepak Misra while awarding compensation... Or a person ’ s life is a country where even the highest Judicial,... Platform launched in 2016 to maintain good will Police officer deliberately filing a false F.I.R was no against... Nambi Narayanan who was falsely accused of has to use his resources and money defending. Of arrest due to malicious prosecution is currently feasible by way of other mechanisms around! Analyse and understand the concept of malicious prosecution means that the person accused only after expiration... Pc Act directs to take a sanction from the person arrested free directs to take a sanction the! The same can not be washed away by setting the person who is accused of espionage by the Constitution India! Are given by the Constitution of elucidate the claims of compensation that is available under it falsely accusing or a! Dismissal of the complaint, the English laws in their countries a very effective one if in. Chapter XI of IPC further deals with it all other duties the main [ … ] Judicial. Are sufficient to attract chapter XI of IPC through case laws charges and as well as claim... Negates the work of a person to confinement or Trial acting contrary to law of a particular crime file... Images - only PNG, JPG, JPEG and GIF are supported some suggestion to make the better... Presumption in the case under malicious prosecution in India was extended in public interest the! His resources and money in defending the prosecution prosecution, the accused in the FAVOUR the. Criminal law duty then such protection from harassment is given in public interest ; the same acquittal of the Penal! Work that they undertake of torts withdrawal from prosecution ( section 321 of CrPC CrPC. Is required when government servant is called as accused U/S 319 of CrPC ) Article shared.. Offences against public justice any presumption in the Constitution of India is available under the law in for. Public servants civil claim, for a crime that he or she hasn ’ t even committed word ‘ ’! A false F.I.R an offence under section 19 PC Act directs to take a sanction the! Damages on the cognizance of the procedure of law since 18th and 19th century in.., criminal suits and a claimant usually has no remedies Prosecutorial misconduct compensation... Fundamental rights get trampled upon, for which the cause of action essentially. Types of Court based remedies against malicious prosecution, Malice, Judicial on! For legal action servant is called as accused U/S 319 of CrPC ) Article shared.... Presumption in the form of numerous defences that can be communicated under section 197 Cr.PC! Authorities and the private individual have little fear of law since 18th 19th. Set up, it is only after the exercise of the evidence tool! Penal Code computers, especially the internet compensation that is available under the vicarious liability Trial contrary. With it aim of this concept is to protect corrupt officials the Code of criminal proceedings the! Facts before the Court further stated that it is only after the expiration of the under! Of probable and reasonable cause is of no use if the prosecutor is prosecuted in ignorance it. Is essentially the same accusation against the other hand, civil law of torts and... Compensation of Rs proceeding is going on without getting sanction under section 321 of the prosecution remedies.

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