Research Project

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UNIVERSITY INSTITUTE OF LEGAL STUDIES


PANJAB UNIVERSITY, CHANDIGARH

“LAW OF MALICIOUS PROSECUTION: A NEED FOR


CODIFICATION IN INDIA”

A project report to be submitted on the aboveTopic in the subject of Legal


Education and Research Methodology for partial fulfilment of the
curriculum of the degree LL.M. (2 Year) 1st semester.

SubmittedTo:- Submittedby:-

Mr. Nitin Sansanwal Hargun Inder Singh

LL.M.(2Year)

Rollno.:24109
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ACKNOWLEDGMENT
I would like to express my special thanks of gratitude to my teacher Mr. Nitin
Sansanwal and our Director, Prof. Shruti Bedi, who gave me the golden opportunity
to do this wonderful project on the Topic: “LAW OF MALICIOUS PROSECUTION: A NEED
FOR CODIFICATION ININDIA” which also helped me in doing a lot of research and I

came to know about so many new things I am really thankful to him.

Secondly, I would also like to thank my friends who helped me a lot in finalising this
project within the limited time frame.

Hargun Inder Singh


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CONTENTS

SR.NO. TOPICS PAGENO.


1. Introduction 4
2. ResearchProblem 4
3. Researchquestions 5
4. Hypotheses 5
5. Objectives 5
6. ResearchMethodology 6
7. Conclusion 6
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Introduction

An intrinsic feature of right to life and liberty is reputation which cannot be separated
from creating identity of an individual. The makers of constitution were well acquainted
of rights of every person and hence warranted that, every person should have access to
law, the access of court remains open for him whenever his right is violated. But with
the time, misuse of laws in India began to harsh the common man. Liberal
interpretation of law and not enough safeguard for innocents resulted in large number of
vexatious litigations in India. And not only common public but politicians, bureaucracy,
professionals, businessmen and artists are victim of it. And it is disheartening that
when there are so many laws to protect plethora of rights but there is not even one
codified law to protect the misuse of these laws.
It is humbly accepted that there are some provisions in different statues to deal with the
malicious prosecution, but they are not enough and effective. And this makes an
innocent person mere a puppet of the vexatious litigations. And victim of case (innocent
person) is left with mental stress, trauma, loss of reputation, loss of time etc.

ResearchProblem:

Whenever a person in India is subject to civil or criminal litigation, the only thing he can do is to
defend oneself. And when, he is successful in defending himself, he is only left with an order of
court stating that he is acquitted. The mental stress, loss of time, cost of defending, loss of
livelihood, hardship etc. are ignored and person is subjected to vexatious litigation. And he does
not have any effective legal remedy to protect himself against the vexatious litigation.
Having right to reputation is crucial and it so has been determined as part and parcel of Article 21
by S.C. Court has also observed that number of false cases are increasing day by day. Court also
has noticed the trend to file cases just to harass the other person in number of cases.
And this, create the urgency to address the issue of law of malicious prosecution. It becomes
necessary to codify the law that deals with the cases where there are incidences of prosecuting
maliciously in India and compensates the victim of vexatious litigation.
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ResearchQuestions:

1. What is underlying idea behind malicious prosecution?

2. How has law of malicious prosecution developed and transformed over time?

3. What are the different legal approaches and regulations regarding the law
ofmalicious prosecution worldwide?
4. Does India have any specific legislation pertaining to the concept of
malicious prosecution?
5. Is the current system for dealing with malicious prosecution cases in
India considered effective?

Hypotheses:

Establishing a codified law on malicious prosecution would provide stronger safeguards for
innocent individuals, deter the filing of frivolous cases and contribute to reducing the judicial
backlog caused by vexatious litigations.

Objectives of the Research:

1. Explore the idea of malicious prosecution.


2. Investigate historical development of concept of malicious prosecution.
3. Examine laws on malicious prosecution in different jurisdictions worldwide.
4. Assess the contemporary state of law on malicious prosecution in India.
5. Evaluate necessity and effectiveness of implementing laws on malicious
prosecution.
6. Identify the deficiencies and limitations of existing laws on malicious prosecutionin
India.
7. Analyze the various provisions related to malicious prosecution in different
statutory laws in India.
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Research Methodology that can be adopted:

• ANALYTICAL: The analytical method can be used to examine case laws as


well as legal concepts in order to study & grasp the progression of the law &
notion of malicious prosecution throughout time.

• HISTORICAL: Historical analysis can be done to learn more about the origins,
growth, and current state of the idea of malicious prosecution. Given that this
idea has had a longer existence in other nations and is not often addressed in
India, this research strategy can prove invaluable.

• COMPARATIVE: For the purpose of determining the extent to which other


nations' legal frameworks had provisions for malicious prosecution, the
comparative approach can be used. This method allows us to see how various
legal frameworks are comparable and how we may improve the enforcement of
rules against malicious prosecution.

Conclusion

Malicious prosecution is the wrongful use of legal proceedings against an individual with the intent to
harm. The tort of malicious prosecution provides a remedy for those wrongfully accused and prosecuted
and holds those who abuse their power accountable fortheir actions. The issue of malicious prosecution
has important implications for justice, fairness, and individual rights in both private and public law
contexts. It can have severe impacts on an individual's life, leading to various injuries, including damage
to reputation, emotional distress, financial loss, loss of liberty, and physical harm. Therefore, it is
essential to hold those responsible for malicious prosecution accountable and seek appropriate legal
remedies.
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