12/21/2017 False imprisonment and Malicious prosecution | Infipark.

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False imprisonment and Malicious prosecution

By Avantika Goel - 30/12/2016

The difference between false imprisonment and malicious prosecution may be shown in
the tabular form as follows:

False imprisonment. Malicious prosecution.

1. In the case of false imprisonment there is an But in the case of malicious
important element of total restraint of prosecution there is the element
personal liberty without lawful justification. of causing damage by means of
an abuse of the process of Court.
2. By a private individual’s legal action With the help of judicial sanction
individual liberty of the plaintiff is wrongly the arrest of plaintiff is obtained.
restrained.
3. The onus of pleading and proving But in the event of an action of
affirmatively the existence of reasonable and malicious prosecution the plaintiff
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12/21/2017 False imprisonment and Malicious prosecution | Infipark.com

probable cause as justification lies on the is to allege and prove affirmatively

defendant in the case of false imprisonment. it’s non-existence.
4. In an action for false imprisonment, it is not In malicious prosecution the
so required. plaintiff is to prove that the
defendant acted with malice.
5. Damage is not the essence of false In an action for malicious
imprisonment. prosecution damage is said to be
the essence of it.

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Avantika Goel
Lawyer

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