The difference between false imprisonment and malicious prosecution may be shown in the tabular form as follows:
|1.||In the case of false imprisonment there is an important element of total restraint of personal liberty without lawful justification.||But in the case of malicious prosecution there is the element of causing damage by means of an abuse of the process of Court.|
|2.||By a private individual’s legal action individual liberty of the plaintiff is wrongly restrained.||With the help of judicial sanction the arrest of plaintiff is obtained.
|3.||The onus of pleading and proving affirmatively the existence of reasonable and probable cause as justification lies on the defendant in the case of false imprisonment.||But in the event of an action of malicious prosecution the plaintiff is to allege and prove affirmatively it’s non-existence.|
||In an action for false imprisonment, it is not so required.||In malicious prosecution the plaintiff is to prove that the defendant acted with malice.
|5.||Damage is not the essence of false imprisonment.||In an action for malicious prosecution damage is said to be the essence of it.|