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The tort of malicious prosecution has five essential elements. Which of the following is NOT one of those elements?
Answer & Solution
Correct answer: D.
1. The ICSI text lists **five essential elements** of the tort of malicious prosecution:
2. (i) **Prosecution** of the plaintiff by the defendant;
3. (ii) **Want of reasonable and probable cause** for that prosecution;
4. (iii) The defendant must have acted **maliciously** — i.e. with an improper motive and not to further the end of justice;
5. (iv) The plaintiff must have suffered **damages** as a result of the prosecution;
6. (v) The prosecution must have **terminated in favour of the plaintiff**.
7. **Publication in the Official Gazette (option D) is NOT an element** — it is invented. Mere reporting to a policeman or magistrate is not malicious prosecution unless the defendant actually instigated proceedings.
_Source: ICSI CS Executive — Lesson 6, '(e) Malicious Prosecution', p. 148._
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