Distinction between False imprisonment and Malicious prosecution

 
No.
False imprisonment
Malicious prosecution
1)


It is not necessary to prove  malice.
It is necessary to prove malice.
2)



It is not necessary to absence of a reasonable or probable cause.
It must be proved that the Criminal Proceedings were made without reasonable and probable cause.
3)




Mistake of fact would not be a good defense.
Mistake may be a good defense
4)



It is a tort against liberty of movement.
It is a tort against right not to be harassed by prosecution.
5)




Actual damage need not be proved. It is actionable per se.  
Actual damage has to be proved. It is not actionable per se.

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