Critical Analysis of Miscarriage of Justice with a particular reference to Malicious Prosecution

Abstract:

A true democratic society is a society where the justice system is independent, transparent, and fair. The justice system is not solely responsible for providing justice to the aggrieved party but also has a vital role in safeguarding the innocent from being framed in wrong cases and meritless lawsuits. The research paper seeks to throw light on the area mentioned above and critically examine the problem of Miscarriage of Justice moving ahead with a specific focus on Malicious Prosecution in India and how it is a matter of grave concern for the legal system of our country.

The paper seeks to address the problems that are present with the help of a few notable cases and their judgments clearly and concisely trying to pinpoint the areas that need our utmost attention and at the same time provide a deep understanding of the root causes that plague our legal system. It discusses how it can undermine the status of judiciary in our country and how it can become a powerful weapon used to exploit the weaker sections of our society. It strives to show how an innocent person is subject to mental agony and emotional distress when the concerned individual is a victim of malicious prosecution and how crucial it becomes for the courts to act ethically.

In the concluding sections of this research paper, an unbiased attempt has been made to provide possible solutions in the form of recommendations while successfully testing the hypotheses to rectify the problems leaving scope for further research.

Keywords :

Torts , Malicious Prosecution , Miscarriage of Justice , Compensation , Remedy , Justice

Introduction:

Judiciary is an integral part of any democratic society^[1] and in its ideal form is expected to be free, fair, and transparent, and that strives up to the higher virtues of human life. Every human in our society wants to live a peaceful life and desires protection from the law for not being dragged in meritless lawsuits^[2] that will cause him/her unnecessary discomfort , agony and mental stress even though later on he/she gets acquitted. The problem of malicious prosecution which sometimes results in miscarriage of justice cannot be completely removed from the judicial process^[3] because it is a complex problem. The judiciary has a vital role to play in cases where there is malicious prosecution because there it needs to balance two aspects^[4] while on one hand it is the right of an individual to ‘set the law in motion ‘to seek remedy and on the other hand it’s also an individual’s right to be safeguarded against wrongful convictions therefore it becomes imperative that the courts strike a balance and use their conscience to differentiate between cases driven by malice and cases driven by actual grievance.

The primary reason for selecting this topic is because this is a very relevant issue even in the contemporary times and anyone of us can become a victim of it as long as humans exist. There are many known incidents where individuals have misused their legal rights, there have been many incidents when the state has misused its power to silence the people who are its critique, many big organizations and corporates have also misused their rights to prosecute people for their own personal vendettas. There is widespread debate and discussion regarding the remedy that can be given to the victims of malicious prosecution and miscarriage of justice. The paper seeks to find answers whether compensation is the only remedy, whether there can be any other remedy that can be awarded.

Research Methodology

There are several research methods involved depending upon the necessity of research, the present study is purely doctrinal in nature. Following are a few of the methods used in the current research:

A. Historical Aspect:

The historical method of research was put to use during the preliminary phase of the present study. This method was especially used in parts which talks about the definition of miscarriage of justice and malicious prosecution and compares the past and the current situation. Since the concept is relevant, the historical aspect has brought this fact to the forefront that this problem is not new. This mode of research helped gain insights on the concepts and supported the present study significantly.

B. Analytical Aspects:

The nature of malicious prosecution and how it is defined has evolved, and so have the legal provisions related to it have been analyzed using this method. Similarly, what exactly is miscarriage of justice has also been analyzed using this method. This research method helped in carefully understanding these two concepts.

C. Critical:

The author has used a critical method to point out the flaws for accessing the existing legal provisions that are there presently and to point out the reason for success and failure, and to find any flaws if they exist.

Review of Literature:

The study tries to highlight the different untouched aspects of the malpractice by studying the matter with the help of a slew of research papers, books, memoirs, reports and other literary works. Apart from all these the study has made the use of notable cases of various courts in India and abroad to judge the problem from a practical point of view. The research paper will made a sincere attempt to understand cases from all the sides without any preconceived notions in order to do justice to the issue at hand. The current research has extensively used literature that is available in the public domain which includes books on tort law, the law commission reports, a number of legal article and journals and other secondary sources.

The Big Problem

In a country as diverse and large as India, malicious prosecution is a massive challenge for the judiciary system and a social problem that needs to be brought into mainstream society and needs our utmost attention. Whenever a person is prosecuted for any alleged offence, either for a criminal offence or for a civil offence, the best individuals can do is defend themselves. And after fighting long battles proving innocence, when that person is finally free, he has been through a cycle of nerve racking pain, distress and mental agony not to forget social stigma that still lingers around them long after the acquittal. It’s a fact that we cannot deny that the Indian Judiciary has an insurmountable task of clearing the pending cases that needs to be decided^[5] which as a result delays justice and it takes years before a person is finally acquitted of all the charges. But during this period the victims of miscarriage of justice and malicious prosecution have already suffered irreparable damage and have to go through social and economic crisis which may be include loss of livelihood , the hefty fees of the lawyer , depression , fear , anxiety , threats , loss of family members , loss of careers , loss of time etc. To make matters worse, there are numerous occasions where the victims of miscarriage of justice Adambhai Sulemanbhai Ajmeri & Ors vs State of Gujarat (2014) have been denied compensation^[6]. In Kokela Sivuyise Yanga Sigonya v. Minister of Police, it was held by the South Africa High Court that even if the plaintiff is detained and incarcerated in less-than-ideal conditions, he would not necessarily be entitled to compensation[7].

In 2006, the Chhattisgarh Government was ordered by the NHRC to pay monetary compensation to Nandini Sundar and others for registering false FIRs against them^[8]. In Priyanka Srivastava & Anr vs State Of U.P.& Ors^[9] , it was acknowledged by the court that there is a misuse of the provisions of Section 156(3) of CrPC. Therefore, it becomes quite clear that miscarriage of justice and malicious prosecution is a serious problem for the society and requires our utmost attention.

Miscarriage of Justice – A failure of judicial machinery

Man is a social animal^[10] that interacts with his fellow human in the society and laws are the rules that regulate human conduct in that society. It is the responsibility of the courts to uphold the laws and that is the core reason why judiciary in any democratic society commands the highest respect and is expected to be free from any preconceived notions, misconceptions and bias because of the crucial task they perform. The critical role that the judiciary plays in any country can be understood when we, imagine a society where the courts fail to perform and provide justice to its citizens. The basic motto that our judicial system follows is that not even a single innocent man must be convicted and if he/she is indeed convicted and punished then there is a gross miscarriage of justice.

Miscarriage of Justice

Miscarriage of justice can be defined ‘as the unfair result in a legal proceeding that convicts an innocent man in spite of lack of some ingredients for conviction, whether it is intentionally or accidental’. Black’s Law Dictionary^[11] defines it as ‘A grossly unfair outcome in a judicial proceeding, as when a defendant is convicted despite a lack of evidence on an essential element of the crime.—also termed failure of justice’.

Miscarriage in simple words can be defined as ‘failure to provide or do something’ and justice consists of what is lawful as mentioned by Aristotle^[12]. Combing these two terms we get miscarriage of justice which means failure to do what is lawful or provide justice. The justice system should include these both elements, firstly punishing the guilty and acquittal of the innocent. If there occurs an absence of any one of these elements, miscarriage of justice is bound to take place^[13]. Law commission of India’s 277th Report^[14] mentions the standard of miscarriage of justice that is followed in most western countries and also by ICCPR^[15] ‘s Article 14 (6) which talks about granting compensation to victims of miscarriage of justice in accordance with law and includes standards such as wrongful conviction, wrongful detention and long delay in acquittals. These standards have been discussed in the Law commissions report in detail by analyzing them in the Indian context and the commission reached a conclusion that these standards are too narrow to be applied in India.

A Notable Case:

In the Central Park Joggers Case^[16] five young Hispanic and black boys were convicted for a crime that they never committed. That included assaulting and raping a jogger who stayed in Coma for 12days. Later on they were acquitted after a long hard legal battle when the real culprit confessed to the crime and none of the five’s DNA samples matched. By this time, they had already completed their terms. After they were cleared of all the charges the five filed a lawsuit against New York City and received 41millions dollars in compensations. Yet the major fact that remains is that no amount of money can bring back the time they lost as young boys.

The socio-economic impact of ‘Miscarriage of Justice is’ is huge and in reality, not only harms the individuals but the society as large. It tends to undermine people’s faith in the judiciary system of the country and when that happens an environment gets created which has high rates of crimes and meritless lawsuits and where the principles of equality and justice become non-existent forcing victims to stay quiet and suffer. The best example is the condition of women in Somalia who stay mum against their exploitation for the simple reason that they have no faith in the judiciary system of Somalia^{.^[17]}

It has adverse effect on the society as it creates bad aspects in the civil society and to the life of the general public living which includes mismanagement, misgovernance and loss of morals and ethics^[18]. It is like an incurable disease that is plaguing our judicial system from the inside which also sows the seeds of hatred, enmity and immorality^{.^[19]} The Supreme Court declared in Ayodhya Dube v. Ram Sumar Singh that inability to apply one’s mind, lack of judicial attitude, and neglect to scrutinize or improper investigation of facts constitutes a grave miscarriage of justice[20].

The Tort of Malicious Prosecution

The problem of malicious prosecution is a very relevant problem and would continue to exist as long as human greed exists. The legal systems all around the world have acknowledged that this tort can be mitigated but can never be eliminated. This is also an abuse of legal process where the state or an individual takes undue advantage of the right ‘to set the law in motion’ to harass and prosecute an individual or organization for personal vendettas by trying to exploit the legal loopholes and disturb the functioning of the judicial machinery. In simple words we can say that malicious prosecution is judicial proceeding initiated by an individual on ill will that does not have any reasonable and probable cause^{.^[21]}

Malicious Prosecution

Many legal scholars and sources have given some basic and thought-provoking definition of what exactly constitute the tort of malicious prosecution and what is essentially required to successfully prove the commission of this tort. Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause^[22] . Black’s Law Dictionary defines it as ^[23] the starting of a criminal or civil case without good reason and for bad purposes.

• The tort requires an adversary to prove four elements:

(1) the initiation or continuation of a lawsuit;

(2) lack of probable cause;

(3) malice; and

(4) favorable termination of the lawsuit.

In M. Abubaker v. Abdul Kareem, the court held that to succeed in a suit for malicious prosecution , the acquittal of plaintiff is not alone sufficient but there should be presence of the other three ingredients as well[24]. In Saville v. Roberts^[25], Halt CJ classified damage for the purpose of this tort as of 3 kinds, any of which might ground the action. Malicious prosecution might damage-

A person’s reputation and social image (i.e. his character).
The sense of safety of that person.
Security of his property due to the expenditure he incurred in fending off an unfair accusation.

In Vanzant v. Daimler/Chrysler Corp. (2002) 96 Cal.App.4th 1283 it was observed by the court that the value of this tort is immense because it recognizes and protects an individual’s right to be safeguarded against unjustified litigations^{.^[26]}

Illustration: –

A hypothetical situation could be where a person X who is a sweet seller initiated a legal proceeding against Y for stealing some money , after some it was found out that the thief was someone else but nevertheless X continued the proceedings. In the trial it was found that Y was innocent and he was acquitted. Y can then initiate a suit for malicious prosecution against X for continuing legal proceedings without probable case

Ingredients of Malicious Prosecution

Many studies and research have listed out four, five and sometimes six elements but in this research paper only five major elements have been listed and explained in brief.

The initiation or continuation of a lawsuit: – This particular elements needs to be proved first because unless a prosecution takes place it cannot be said that it was maliciously initiated^[27]
Lack of probable cause: – Without sufficient justification, the action was brought or continues to be pursued in relation to one or more claims.^.^[28]
Malice: – Malice in the legal terminology does not necessarily always mean personal hatred of one person towards another but any harm caused without any legal justification intentionally^.^[29]Lord Toulsou observed that for a claim of malice to be successful, the claimant must demonstrate that there was a deliberate misuse of the process of court by the defendant^[30]
Favorable termination of the lawsuit: – The earlier action was brought by or on behalf of the defendant, and it was prosecuted until it was finally adjudicated in the plaintiff’s favour due to the plaintiff’s malicious prosecution.
Damages: The plaintiff must have suffered some economic or non-economic damage.

Not Just a Criminal Wrong

In Willer Vs Jyoce and another ^[31], it was observed by the Supreme court by a majority of 5:4 that the action of malicious prosecution is sustainable in civil law as well. This particular decision extended the scope of this tort beyond the traditional boundaries of criminal prosecution. Now the effect of this particular observation is that unlike the previous times, now an individual would not be able to exploit the civil law system to pursue unmerited lawsuits with the intention of causing damage to another person as now they could be held liable for the tort of malicious prosecution in civil proceedings as well.

But in the Indian context malicious prosecution and malicious civil proceedings are not same and even if the activity is malevolent and without a valid basis, it cannot be brought in a civil complaint.^[32] .And this is the reason why it becomes pertinent to introduce legislation for malicious prosecution that touches both the civil and the criminal system.

Some notable cases

In Martin Vs Watson^[33] , the defendant had a history of ill feeling towards the plaintiff and this was the reason why she provided false information to mislead the police stating that the plaintiff had exposed himself to her. The House of Lords held her liable for the tort of malicious prosecution because the facts that were stated by her was known only to her and not the police and were false and filled with malice. This particular case also gave significant observations as to what exactly constitutes to be a ‘prosecutor’.

In T. S Bhatta v. A.K. Bhatta^[34], it was held by the court that the defendant intentionally gave false statements and the charges on the plaintiff were false. The defendant was held liable for malicious prosecution because he was acting without reasonable and probable cause.

Malicious prosecution is a very complex problem and the perfect weapon for taking revenge and satisfying personal vendettas in the guise of legal actions. The Indian judicial system works on the principles of “Fīat jūstitia ruat cælum”^[35] yet it is unfortunate to see that there exist no legal provisions regarding malicious prosecution in civil cases and for compensating the victims. This in turn cause extreme distress and mental agony to the victims and sends a wrong message to our society. In the recent case of Mahesh Kumar Chaudhary and Ors. Vs. The State of Jharkhand and Ors, the plaintiffs were arrested with following the due process of law and the HC remarked that Jharkhand government should frame guidelines so that innocent persons are not harassed and arrested due to highhandedness of the police.[36]

Suggestions:

The law commission of India’s Report^[37] has made a very significant observation when it mentions that a person who is wrongfully prosecuted and is a victim of marriage of justice, even when he is acquitted, would it be possible for him to go back to his normal life as if nothing happened. It won’t be wrong to say that even when justice is served, the person would still be a victim of injustice as precious time of his life would be lost which no amount of compensation can ever bring it back as our life is not only about material things but about time, memories and emotions.

Here are some of the recommendations that the research paper wishes to put forward.

Need for special courts: – The Law Commission Report already mentions the need for special courts to solve cases of miscarriage of justice and unmerited lawsuits in a time bound manner as justice delayed is justice denied. As of 2021, there are more than 4.5 crore cases that the pending in courts across India^[38] and these types of cases would continue to break the backbone of our judicial system if not decided in a time bound manner. A mechanism should be evolved to separate the cases based on bona fide and mala fide intentions.
Need for a separate legislation: – In most of the modern democracies around the world, there exists some legal provisions that safeguards innocent humans from being framed in meritless lawsuits like the Anti-SLAPP statutes in the United States of America^[39]. A similar legislation in India has the potential to drastically reduce cases of these types.
Compensation for all: – In the Akshardham terror case, the Supreme Court of India observed that granting compensation for all acquittals would set a ‘dangerous precedent’^[40]. It is important to note that people who get acquitted after a long legal battle deserve to be compensated for the mental agony and social stigma they face. For this very purpose a test should be evolved by the judiciary system to determine which cases deserves compensation and which not instead of just rejecting the claims.
Apology as a ‘just’ method of compensation: – Our life does not always consist of material things but include a lot many aspects. No amount of money can restore the dignity that a person must have lost due a false charge but an official public apology can repair the damage to some extent. The courts must devise a plan that at least in cases where the state is the prosecutor and the charges turn out to be false, the state should extend an apology to restore the reputation of the victim in the eyes of the general public.

Conclusion

India strongly needs a legal framework that not only provides compensation in meritless lawsuits but also restoes a person’s dignity and honor. The courts have an important role to play in guiding the legislation and in demonstrating how it can positivity impact our society. This is of vital important because a country where there exists a strong legal structure, there exists peace, equality and harmony.

Bibliography

Law Report

Indian Law Commission Report, ‘WRONGFUL PROSECUTION (MISCARRIAGE OF JUSTICE): LEGAL REMEDIES ‘(Law Comm. No. 277, 2018).

News Articles

PTI , ‘Akshardham terror attack case: SC refuses compensation plea of acquitted persons’ (The Indian Express ,5th July 2016) < https://indianexpress.com/article/india/india-news-india/akshardham-terror-attack-case-sc-refuses-compensation-plea-of-acquitted-persons-2895251/> .
Mahtab Alam , . Chhattisgarh False FIR Case: NHRC Awards Compensation to Nandini Sundar, Others’ (The Wire , 7th August 2020) < https://thewire.in/rights/chhattisgarh-false-fir-case-nhrc-awards-compensation-nandini-sundar-others>.
Central Park Five: The true story behind When They See Us (BBC News , 12th June 2019) <https://www.bbc.com/news/newsbeat-48609693>.
Sumanta Banerjee , ‘There Must Be a Price to Pay for Wrongful Convictions’ ( The Wire ,30th August 2016) <https://thewire.in/law/cops-judges-andterrorists>.

Encyclopedia and Dictionary

Black’s Law Dictionary, ‘Miscarriage of Justice’ (8th Edition 2004).
Justice’ <https://iep.utm.edu/justwest/>.

Articles

Pranav Kaushal, ‘Judiciary – Harbingers of Human Rights’ (Lawcorner.in, 15th August 2019) <https://lawcorner.in/judiciary-harbinger-of-human-rights/>.
‘Essay on Role of Judiciary in the Country for Students and Children’ (Toppr.com) <https://www.toppr.com/guides/essays/essay-on-role-of-judiciary-in-the-country-today/>.
‘Man as a social animal’ (The Hindu, 12th March 2012)<https://www.thehindu.com/features/education/research/man-as-a-social-animal/article2988145.ece>
Sumanti Sen , ‘Pending Cases & Absence Of Judges: Indian Judiciary Delays Justice, Denies Equity’
(The Logical Indian , 17th Jan 2020) < https://thelogicalindian.com/story-feed/awareness/indian-justice-system-delay19973#:~:text=Justice%20Delayed%20Is%20Justice%20Denied,to%20be%20around%2030%20million.&text=Seventy%2Dfour%20years%20since%20independence,going%20through%20a%20massive%20crisis.>
Oshika Banerji , ‘Recent Instances of Miscarriage of Justice ‘ (Ipleaders ,11th December 2020.) <https://blog.ipleaders.in/recent-instances-miscarriage-justice/>
Samer Muscati, ‘In Somalia, rape is “normal”, but the government can change’ (Human Rights Watch , 7th March 2014 ) < https://www.hrw.org/news/2014/03/07/somalia-rape-normal-government-can-change> accessed 21th February 2020.
Sugandha Ch , ‘Malicious Prosecution’ (Legal Services India ) <http://www.legalservicesindia.com/article/1857/Malicious-Prosecution.html>
‘Pendency of cases in the Judiciary'(PRS) <https://prsindia.org/policy/vital-stats/pendency-cases-judiciary>.
‘Anti-SLAPP Statutes and Commentary’ (Media Law Resource Center) <http://www.medialaw.org/component/k2/item/3494>

Online Journals

Mr. Sourav Subba, Dr. R.S. Solanki, Dr. Bhupal Bhattacharya: False case and vexatious litigation and its impacts in the socio-legal perspective in India: Problems & solutions– Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(7)2020.
Sindhuja D , ‘An Analysis of Malicious Prosecution’ Supremo Amicus Volume 20.
Bamgbose Michael and Oluwatobi Idowu, Malicious Prosecution, (Legal Souls , Series 2 , 2020 edition).
Mayor Brown ,’ A New Tort – malicious prosecution of civil proceedings ‘ (Legal Update , July 2016)

Books

P.S.A. Pillai , Law of Torts ((9th Edition , Eastern Book Company , Reprinted 2019 )
Winfield & Jolowics , Tort (19th Edition ,Sweet and Maxwell 2014)
David B. Parker & William K. Mills , MALICIOUS PROSECUTION HANDBOOK (Parker Mills LLP , 2014).

Report

International Covenant on Civil and Political Rights (United Nations Human Rights Office of the High Commissioner,23th March 1976) <https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx>

Written by: Rushaan Raana Samuel

GITAM School of Law , GITAM (Deemed to be ) University , Visakhapatnam

[1] ‘Essay on Role of Judiciary in the Country for Students and Children’ ,Toppr.com (9^th June 2023 , 2 PM ) https://www.toppr.com/guides/essays/essay-on-role-of-judiciary-in-the-country-today/.

[2] 9 P.S.A. Pillai , Law of Torts362 (Eastern Book Company , Reprinted 2019 ).

[3] Id.

[4] 19 Winfield & Jolowics , Tort 21 (Sweet and Maxwell 2014).

[5] Sumanti Sen , Pending Cases & Absence Of Judges: Indian Judiciary Delays Justice, Denies Equity
The Logical Indian (9^th June 2023) , https://thelogicalindian.com/story-feed/awareness/indian-justice-system-delay19973#:~:text=Justice%20Delayed%20Is%20Justice%20Denied,to%20be%20around%2030%20million.&text=Seventy%2Dfour%20years%20since%20independence,going%20through%20a%20massive%20crisis.

[6] PTI , Akshardham terror attack case: SC refuses compensation plea of acquitted persons , The Indian Express (9^th June 2023),https://indianexpress.com/article/india/india-news-india/akshardham-terror-attack-case-sc-refuses-compensation-plea-of-acquitted-persons-2895251.

[7] Bhumika Indulia , SA HC | Arrest without warrant on reasonable suspicion supplants the claim for compensation for unlawful arrest and malicious prosecution, SCC BLog (9th June 2023) https://www.scconline.com/blog/post/2019/11/16/sa-hc-arrest-without-warrant-on-reasonable-suspicion-supplants-the-claim-for-compensation-for-unlawful-arrest-and-malicious-prosecution/.

[8] Mahtab Alam , . Chhattisgarh False FIR Case: NHRC Awards Compensation to Nandini Sundar, Others , The Wire ( 9^th June 2023) https://thewire.in/rights/chhattisgarh-false-fir-case-nhrc-awards-compensation-nandini-sundar-others.

[9] Priyanka Srivastava & Anr vs State Of U.P.& Ors (2015) 6 SCC 287.

[10] Man as a social animal, The Hindu ( 9^th June 2023) https://www.thehindu.com/features/education/research/man-as-a-social-animal/article2988145.ece.

[11] Black’s Law Dictionary, ‘Miscarriage of Justice’ (8^th Edition 2004).

[12] ‘Justice’ ,(10^th June 2023) https://iep.utm.edu/justwest.

[13] Oshika Banerji , Recent Instances of Miscarriage of Justice, Ipleaders( 11^th June 2023) https://blog.ipleaders.in/recent-instances-miscarriage-justice/.

[14] Indian Law Commission Report, ‘WRONGFUL PROSECUTION (MISCARRIAGE OF JUSTICE): LEGAL REMEDIES ‘(Law Comm. No. 277, 2018).

[15] International Covenant on Civil and Political Rights , United Nations Human Rights Office of the High Commissioner,23th March 1976 (11^th June 2023) , https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

[16] Central Park Five: The true story behind When They See Us , BBC News ( 11^th June 2023) https://www.bbc.com/news/newsbeat-48609693.

[17] Samer Muscati, In Somalia, rape is “normal”, but the government can change , Human Rights Watch ( 11^th June 2023 ) , https://www.hrw.org/news/2014/03/07/somalia-rape-normal-government-can-change.

[18] Mr. Sourav Subba, Dr. R.S. Solanki, Dr. Bhupal Bhattacharya: False case and vexatious litigation and its impacts in the socio-legal perspective in India: Problems & solutions– Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(7)2020.

[19] Id.

[20] Ayodhya Dube v. Ram Sumar Singh, AIR 1981 SC 1415.

[21] Sindhuja D , ‘An Analysis of Malicious Prosecution’ Supremo Amicus Volume 20.

[22]Sugandha Ch , ‘Malicious Prosecution’ , Legal Services India (11^th June 2023 ) http://www.legalservicesindia.com/article/1857/Malicious-Prosecution.html.

[23] Black , supra note11.

[24] M. Abubaker v. Abdul Kareem, (2021) SCC OnLine Mad 1934

[25] CJ Hold’s 1698 Judgement.

[26] 96 Cal.App.4th 1283 (Cal. Ct. App. 2002)

[27] Bamgbose Michael and Oluwatobi Idowu, Malicious Prosecution, Legal Souls , Series 2 ( 2020 edition).

[28] David B. Parker & William K. Mills , MALICIOUS PROSECUTION HANDBOOK (Parker Mills LLP , 2014).

[29] Ch , supra Note 22.

[30] Mayor Brown , A New Tort – malicious prosecution of civil proceedings , Legal Update (12^th June 2023).

[31] Willer Vs Jyoce and another , [2016] UKSC 43 & 44.

[32] Darbhangi Thakur v. Mahabir prasad, A.I.R. 1917.

[33] Martin v Watson[1995] 3 All ER 559.

[34] T.S Bhatta v. A.K. Bhatta, A.I.R. 1978 KER. 111.

[35] Latin legal phrase, meaning “Let justice be done though the heavens fall.”

[36] Mahesh Kumar Chaudhary and Ors. Vs. The State of Jharkhand and Ors. Cr. M.P. No. 1291 of 2021 MANU/JH/0527/2022

[37] Report , supra Note 14.

[38]Pendency and Vacancies in Judiciary , PRS (12^th June 2023) , https://prsindia.org/policy/vital-stats/pendency-and-vacancies-in-the judiciary#:~:text=Between%202010%20and%202020%2C%20pendency,and%2012.3%25%20in%20High%20Courts.

[39] Anti-SLAPP Statutes and Commentary, Media Law Resource Center (12^th June 2023) http://www.medialaw.org/component/k2/item/3494.

[40] Sumanta Banerjee , There Must Be a Price to Pay for Wrongful Convictions , The Wire (12^th June 2023) https://thewire.in/law/cops-judges-andterrorists.

Miscarriage of Justice with a particular reference to Malicious Prosecution