Difference between False Imprisonment and Abuse of Process

4. False imprisonment affects the plaintiff physically and- mentally.

5. In false imprisonment, the plaintiff has to prove his detention or arrest and it is for the defendant to prove that the arrest or detention was justified under the law.

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Malicious Prosecution / Abuse of Process

1. If arrest or imprisonment is made by obtaining a judgment in a Court of Law, under the false evidence, it will not amount to false imprisonment, but it is considered as malicious prosecution. It is also called as “Abuse of Process”.

2. The essential elements of malicious prosecution as the very term suggests are:

(a) that prosecution was instituted without reasonable and probable cause;

(b) that the prosecution was malicious.

3. The malicious prosecution as the very term suggests that it is malice in nature.

4. The malicious prosecution affects the plaintiff mentally only.

5. In case of malicious prosecution the plaintiff has to prove – (i) that he was prosecuted by the defendant; (ii) that the prosecution was terminated in his favour; (iii) that there was no reasonable or probable cause for launching such prosecution; (iv) that the prosecution was malicious.