Malicious Prosecution in Pakistan is an all too common affair, with many people not knowing their rights or their options when/once they have been affected and/or targeted by Malicious Prosecution. The act of Malicious Prosecution is when someone misuses the justice system against an individual or organization, something our Lawyers in Pakistan are experts in.

What is Considered Malicious Prosecution in Pakistan?

The “Ingredients” for Malicious Prosecution in Pakistan have been compounded in AIR 2003 P&H 324 that the Plaintiff (Petitioner/Victim) must prove that

  1. That he/she was prosecuted by the Defendant
  2. That the Prosecution ended in the Plaintiff’s favor
  3. That the Defendant (The Person who initiated the Malicious Prosecution) acted with nefarious intentions
  4. That Defendant had no reasonable and probable cause

Malicious Prosecution in Pakistan can cause Mental Trauma, Financial Damage (in the form of Legal Expenses Borne by the victim and loss of earnings), and damage to reputation, to say the least.

What are the remedies for Malicious Prosecution in Pakistan?

Once proven, depending on the severity of the case, damages in the form of financial losses are usually claimed. If during the proceedings, it is discovered that Perjury, Falsified Evidence, Forged Documents, and other Criminal Activity took place, then they would follow Criminal Proceedings with Fines, Custodial Sentences, and/or both.

Examples of malicious prosecution can be when a company or an employee files a labor case out of spite. Quite often we see parents during child custody proceedings filing Habeus Corpus cases for the same reason, or from people filing FIR on false or made-up pretenses.

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