Analysing the scope of malicious prosecution in the light of the precedential and legal set up.
In India, when a person is prosecuted by the criminal justice system, all he can do is defend himself. In the event of successfully coming out clean from the due process of law, he is just left with the order of the Court. The mental stress and agony, the loss of reputation, the loss of personal liberty in case of arrest and detention, loss of livelihood and earning, the costs of defending the prosecution, the physical hardships etc are not accounted for. The victim of vexatious or malicious litigation has no legal recourse to protect himself against such abuse of process of law.
Supreme Court Precedent on Reputation and Allied Concepts
The Supreme Court of India has said that Right to Reputation is part and parcel of Right to Life and Personal Liberty guaranteed by the Constitution of India[1]. The same was reiterated by the Hon’ble Supreme Court in 2014 in the case of Umesh Kumar v. State of Andhra Pradesh[2]. Also in January, 2014, the Apex Court while deciding a case observed that instances of police machinery filing false charges is increasing day by day, and such cops should be punished[3]
