24justice.pk

Malicious Prosecution in Pakistan

The unfortunate reality of malicious prosecution in Pakistan casts a shadow over the legal system, often targeting individuals and organizations unaware of their rights and legal recourse. This wrongful act involves the deliberate initiation of criminal proceedings against an innocent party with malicious intent, fueled by motives such as personal vendetta, extortion, or silencing dissent.

Our team of experienced lawyers deeply understands the devastating impact malicious prosecution can have on individuals and businesses. We stand prepared to advocate for those seeking justice in the face of this unjust burden.

Understanding the Landscape of Malicious Prosecution

Pakistani law recognizes malicious prosecution as a tortious act, allowing aggrieved parties to seek redress through civil lawsuits. To successfully claim malicious prosecution, several key elements must be established:

  • Initiation of Criminal Proceedings: The defendant must have initiated criminal proceedings against the plaintiff.
  • Termination in Plaintiff’s Favor: The criminal proceedings must have been terminated in the plaintiff’s favor, such as through acquittal or dismissal.
  • Lack of Reasonable and Probable Cause: The defendant must have acted without reasonable and probable cause, meaning they lacked any legitimate basis for the prosecution.
  • Malicious Intent: The defendant must have acted with malice, driven by ulterior motives rather than a genuine pursuit of justice.

Our Expertise in Protecting Your Rights

Our extensive experience in litigating malicious prosecution cases equips us to effectively handle your situation. We offer comprehensive legal services, including:

  • Case Evaluation and Strategy: Our legal team will thoroughly assess your case, identifying the relevant legal principles and crafting a strong strategy for claiming redress.
  • Evidence Gathering and Analysis: We will meticulously gather and analyze evidence, including witness statements, police reports, and court documents, to build a compelling case.
  • Negotiation and Litigation: We will actively pursue out-of-court settlements where appropriate, but are also fully prepared to represent you in court proceedings, diligently advocating for your rights and seeking compensation for damages incurred.

Seeking Justice and Rebuilding Your Life

The emotional and financial consequences of malicious prosecution can be substantial. Our commitment goes beyond litigation, extending to supporting you through this challenging ordeal. We provide ongoing guidance and advice, helping you reclaim your life and move forward with renewed confidence.

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.

The Laws Surrounding Malicious Prosecution in Pakistan

The specter of malicious prosecution, the deliberate initiation of criminal proceedings with malice towards an innocent party, unfortunately, looms large in Pakistan’s legal system. To effectively combat this injustice, it’s crucial to understand the legal framework outlining it, encompassing provisions from the Constitution, the Code of Civil Procedure (CPC), and specific legislative instruments.

Firstly, the Constitution of Pakistan lays the foundational principle of equality before the law and the right to a fair trial (Articles 4 and 10A). These fundamental rights act as cornerstones upon which legal remedies for malicious prosecution rest. Additionally, Article 20 protects individuals from arbitrary and unlawful arrests and detentions, further safeguarding citizens from malicious misuse of the criminal justice system.

Moving beyond the Constitution, the CPC provides a specific avenue for redress through Section 72. This section allows aggrieved parties to file civil suits for damages arising from “wrongful initiation of criminal proceedings.” To successfully bring such a suit, plaintiffs must prove four key elements:

  1. Initiation of Criminal Proceedings: The defendant must have initiated criminal proceedings against the plaintiff.
  2. Termination in Plaintiff’s Favor: The criminal proceedings must have concluded in the plaintiff’s favor, such as through acquittal or dismissal.
  3. Absence of Reasonable and Probable Cause: The defendant must have acted without reasonable and probable cause, meaning they lacked any legitimate basis for initiating the prosecution.
  4. Malice: The defendant must have acted with malice, driven by motives like personal vendetta, extortion, or silencing dissent, rather than pursuing a genuine quest for justice.

Furthermore, specific statutes like the Pakistan Penal Code (PPC) also play a role in addressing malicious prosecution. For instance, Section 182 of the PPC criminalizes false information with intent to cause injury, which can encompass deliberately fabricating charges against another individual. Additionally, Section 211 addresses public nuisance, offering potential recourse for situations where malicious prosecution is orchestrated as a form of harassment or intimidation.

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.

Find out more on Malicious Prosecution in Pakistan?

 

How to Get in Touch with Our Online Lawyers in Pakistan

Our panel of skilled Lawyers in Pakistan can offer personalized advice and robust legal solutions.

  • AI Legal Site: For general information, visit 24Justice.com – Pakistan’s First Legal AI Site.
  • Personalized Assistance: For more specific queries or legal representation, reach out to us:
    • Call: 0092 308 5510031
    • WhatsApp: 0092 308 5510031
  • Contact Form: Prefer writing? Fill out our contact form below, and we’ll respond promptly.