False imprisonment and Malicious prosecution


The difference between false imprisonment and malicious prosecution may be shown in the tabular form as follows:


  False imprisonment.
Malicious prosecution.
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.