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Law · Q802

Law Of Torts

Graduate and Post Graduate · Law · question 802

Q802

X informed the police that in the dacoity committed in the House of M, he has a reason to believe that his neighbour Y was involved. Y is consequently arrested by the police. Subsequently he is released. Y files an action for malicious prosecution.

A.
Y's action will succeed
B.
Y's action will not succeed as Y was not prosecuted in any criminal court
Answer
C.
X is guilty of malicious prosecution, as he maliciously involved Y, knowing fully well that Y had nothing to do with dacoity
D.
Y was arrested on account of the report of X. X is therefore guilty

Answer: Option B

Solution

Answer: Option B
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