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Malicious Prosecution An Effective Tool to
Achieve Minimalism in Pendency of Cases
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Introduction
In India, when a person is prosecuted by the
criminal justice system, all he can do is defend
himself. In the event of successfully coming out
clean from the due process of law, he is just
left with the order of the Court. The mental
stress and agony, the loss of reputation, the
loss of personal liberty in case of arrest and
detention, loss of livelihood and earning, the
costs of defending the prosecution, the physical
hardships etc are not accounted for. 
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Supreme Court Precedent on Reputation and Allied
Concepts
The Supreme Court of India has said that Right to
Reputation is part and parcel of Right to Life
and Personal Liberty guaranteed by the
Constitution of India
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Failure of Criminal Justice System
He basic purpose and the soul of the criminal
justice system of our country was to punish the
criminals, and create deterrence among them, so
as to provide for a law abiding society for the
common man. However, over the years, the very
soul of this justice system has been lost.
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Concept of Malicious Prosecution
The concept of malicious prosecution recognises
the individuals interest in not being subjected
to unjustified litigation. Litigation, especially
criminal, brings along with it great humiliation,
harassment, annoyance, loss of reputation and
loss of livelihood amongst other things.
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Malicious Prosecution A Tool to Achieve
Minimalism
Various governments over the years in India have
promised to curb the pendency of cases in our
courts. However, none have been successful in
delivering on this promise. The essential reason
for the pendency is the complexity on one hand,
and the easy and free initiation of criminal
proceedings without any penal or punitive action
for false initiation of proceedings on the other
hand. Formulation and strict implementation of
provisions of Malicious Prosecution would aid in
reducing the pendency to a great extent, as
people would be very cautious before initiating
criminal proceedings.
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About Signzy
Signzy helps financial institutions transform
current semi-manual processes into real-time
digital systems, using Artificial Intelligence
and Blockchain. This ensures that the new
processes are user-friendly, yet secure and
compliant. 
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