Malicious prosecution is the malicious institution against another of unsuccessful criminal, or bankruptcy or liquidation proceedings without reasonable or probable cause and in a malicious spirit I.e. improper motive.
There are two principles -
1) Every person must have right to fight against criminals; and
2) False accusation must not be made or it must be prevented against innocent persons.
The plaintiff must prove the following in an action for malicious prosecution:
A. He was prosecuted by the defendant
B. The proceedings were terminated in favor of plaintiff.
C. The prosecution was instituted without any reasonable or probable cause.
D. The prosecution was instituted with a malicious intention I.e. wrongful or unlawful intention.
E. He has suffered damage to his reputation or to be the of person or to the security of his property