Malicious Prosecution
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Malicious prosecution consists in instituting unsuccessful criminal proceedings maliciously and without reasonable and probable cause. When malicious prosecution through criminal proceedings causes actual damage to the party prosecuted, it is a tort for which he can bring an action.

Essentials of Malicious Prosecution
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Prosecution by the defendant - Prosecution means criminal proceedings against a person in a court of law.

Absence of reasonable and probable causes – The plaintiff has also to prove that the defendant prosecuted him without reasonable cause.

Malice – It is also for the plaintiff to prove that the defendant acted maliciously in prosecuting him.

Termination of proceedings in favour of the plaintiff – It is also essential that the prosecution terminates in favour of the plaintiff.

Damage – It has also to be proved that the plaintiff suffered damage as a consequence of the prosecution complained of.