Malicious Prosecution As A Minimal Remedy For Unfair Prosecution In India: A Critical Analysis

Ashmeet Kaur, IILM University, Gurugram

ABSTRACT

False is the net that is spread out to trap others; for the one who spreads it, the trap will catch him in the end." - Guru Granth Sahib, Ang 956

This saying emphasises that individuals who intentionally set out to trap others with false accusations and malicious purpose will finally become victims to their own deeds. They will be caught in the net they cast rather than their intended target. This serves as a warning about the risks of harming others through lying and malice, as doing so may ultimately backfire and hurt the offender. This quotation conveys the idea that being true and honest should be prized above all else and that people who act maliciously will eventually pay a price for their actions.

In this research paper, the common law tort of malicious prosecution is discussed, which offers a legal remedy to people who have been wrongly accused of a crime. Research is done into the origins, evolution, present-day use, and restrictions of the tort of malicious prosecution. Although the tort offers a means of compensation to victims of unfair prosecution, its applicability may be limited by the difficulties in proving its essential characteristics and the lack of available compensation.

The research paper also explores how the concept of malicious prosecution and compensation is interpreted by the Indian judiciary. The victim may not be placed in a pre-tort position even though receiving compensation may result in some measure of justice and retribution. Instead of only offering compensation, I also believe that laws should be passed to punish those who bring a criminal case against another person with malicious intent. The research paper also looks at important Indian case laws that highlight the significance of providing victims of wrongful prosecution with proper compensation. Furthermore, being unfairly prosecuted can have a substantial emotional and psychological cost. A person's mental health and well-being may suffer long-term consequences as a result of the shame and stress of being accused of a crime. Even after being cleared of all charges, people may find it difficult to restore their lives and reputations, especially if they spent a large length of time in prison without cause.

In light of these problems, it is crucial for legal systems to not only offer relief to those who have been wrongly accused but also to deal with the underlying reasons of wrongfully convicted individuals and the biases that might result in them.

This could involve putting new policies into place, such as enhanced training for judges, prosecutors, and law enforcement, expanding the availability of legal aid for poor defendants, and tackling systemic injustices in the criminal justice system.

Overall, even while the tort of malicious prosecution may be able to provide some compensation for wrongfully accused individuals, it is crucial to understand its limitations and work towards a more comprehensive approach for resolving issues of injustice in the criminal justice system.