As early as 10th century, the English people understood the need to restrain malicious litigation initiated with vested interests.  […], 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.  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.”. 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. 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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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