What is Malicious Prosecution under Law of Torts and what are its essential elements ?

Malicious prosecution consists in instigating judicial proceedings (usually criminal) against another, maliciously and without reasonable and probable cause, which terminates in favour of that other and which results in damage to his reputation, personal freedom or property. The following are the essential elements of this tort: There must have been a prosecution of the plaintiff by the defendant. There must have been want of reasonable and probable cause for that prosecution. The defendant must have acted maliciously (i.e., with an improper motive and not to further the end of justice). The plaintiff must have suffered damages as a result of the prosecution. The prosecution must have terminated in favour of the plaintiff. To be actionable, the proceedings must have been instigated actually by the defendant. If he merely states the fact as he believes them to a policeman or a magistrate, he is not responsible for any proceedings which might ensue as a result of action by such policeman or magistrate on his own initiative.