wiz-icon
MyQuestionIcon
MyQuestionIcon
1
You visited us 1 times! Enjoying our articles? Unlock Full Access!
Question

LEGAL PRINCIPLES: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5. That he suffered damage to his reputation or to the safety of person, or to security of his property.
FACTUAL SITUATION : A recovered a large sum of money from Railway Co. for personal injuries. Subsequently Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co, prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true?

A
Railway Co. is guilty of malicious prosecution because it acted without reasonable cause
No worries! We‘ve got your back. Try BYJU‘S free classes today!
B
Railway Co. is not guilty of malicious prosecution because the Co. took reasonable care in determining the facts and honestly believed them to be true
Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses
C
Railway Co. is liable because it acted negligently
No worries! We‘ve got your back. Try BYJU‘S free classes today!
D
None of the above
No worries! We‘ve got your back. Try BYJU‘S free classes today!
Open in App
Solution

The correct option is B Railway Co. is not guilty of malicious prosecution because the Co. took reasonable care in determining the facts and honestly believed them to be true
(b) is the correct answer as railway and company is not liable for malicious prosecution because they tool reasonable care in determining the facts and honestly believed them to be true.

flag
Suggest Corrections
thumbs-up
0
similar_icon
Similar questions
View More
Join BYJU'S Learning Program
similar_icon
Related Videos
thumbnail
lock
Public Interest Litigation
CIVICS
Watch in App
Join BYJU'S Learning Program
CrossIcon