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Report No. 277

2. Amendment of Section 2.-

In the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the Code of Criminal Procedure), in section 2-

(ii) after clause

(j), the following clause shall be inserted, namely:-

'(ja) "malicious prosecution" means instituting the prosecution complained of without any existing reasonable or probable cause;'

(iii) after clause

(x), the following clause shall be inserted, namely:-

'(xa) "wrongful prosecution" means malicious prosecution or prosecution instituted without good faith, which concluded in favour of the accused, and includes any of the following, namely:-

(i) making or fabricating a false or incorrect record or document for submission;

(ii) making a false declaration or statement before an officer authorised by law to receive as evidence when legally bound to state the truth that is to say by an oath or by a provision of law;

(iii) otherwise giving false evidence when legally bound to state the truth that is to say by an oath or by a provision of law;

(iv) fabricating false evidence for submission;

(v) suppression or destruction of an evidence to prevent its production;

(vi) bringing a false charge, or instituting or cause to be instituted false proceedings against a person;

(vii) committing a person to confinement or trial acting contrary to law;

(viii) acting in violation of any law in any other manner not specifically covered under (i) to (vii) above;'



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