Malice - Definition - Law Dictionary Home Dictionary Definition malice

Definition :

Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.

'Malice in common acceptance means ill-will against a person, but in its legal sense it means a wrongful act done intentionally without just cause or excuse': Bayley, J., in Bromage v. Prosser, (1825) 4 B&C 255; and see McPherson v. Daniels, (1829) 10 B&C 272.

Ill-will or improper motive is often called actual or express malice, or malice in fact, to distinguish it from malice in law, which merely denotes absence of legal excuse. To amount to murder, a killing must be committed with 'malice aforethought.' A aforethought does not necessarily imply premeditation, but it implies intention, which must necessarily precede the act intended. See Archbold, Crim. Pleading and Practice, sub tit. 'Homicide,' and MANSLAUGHTER.

In the law of defamation the defence that the occasion was privileged (i.e., one of qualified privilege) may be rebutted by establishing actual malice in the defendant, for he is not entitled to protection if he uses such an occasion for some indirect and wrong motive, see Clark v. Mloyneux, (1877) 3 QBD 246. Similarly, proof of actual malice will defeat the defence of fair comment. See Odgers on Libel.

An act lawful in itself is not converted by malice into an actionable wrong, Allen v. Flood, 1898 AC 1.

-means ill-will or spite towards a party and any indirect or improper motive in taking an action, Punjab State Electricity Board Ltd. v. Zora Singh, AIR 2006 SC 182.

'Malice' in common acceptation, means and implies spite or ill-will. Malice is a question of fact. Mala fide is not meaningless jargon. It has its proper connotation.

The expression 'malice' or mala fides in the facts of each case, can only be appreciated from records. There cannot possibly be any set of guidelines in regard to the proof of mala fides. Mala fides depends upon its own facts and circumstances. There must be factual support for the allegations of mala fides. Mere user of the word mala fide would not by itself make the petition entertainable. The Court must scan the factual aspect and come to its own conclusion, Parboth Sagar v. Punjab SEB, AIR 2000 SC 1684: (2000) 5 SCC 630.

Malice signifies the presence of some improper and wrongful motive-that is to say, an intent to use the legal process in question for some other than its legally appointed and appropriate purpose, State of Bihar v. Rameshwar Prasad Baidya, AIR 1980 Pat 267 (270).

In the legal acceptance of the word, is not confined to personal spite against individuals, but consists in a conscious violation of the law to the prejudice of another. In its legal sense it means a wrongful act, done intentionally without just cause or excuse, Bhagat Singh v. Emperor, AIR 1930 Lah 266.

Malice has been said to mean any wrong or indirect motive but a prosecution is not malicious merely because it is inspired by anger. However, wrongheaded a prosecutor may be, if he honestly thinks that the accused has been guilty of a criminal offence he cannot be initiator of a malicious prosecution, Gopa v. Amarnath, AIR 1955 J&K 27 (28).

Malice means the presence of some improper and wrongful motive-that is to say an intent to use the legal process in question for some other than its legally appointed and appropriate purpose. It means an improper or indirect motive other than a desire to vindicate public justice or a private right. It need not necessarily be a feeling of enmity, spite or ill will; it may be due to a desire to obtain a collateral advantage, S.T. Sahib v. N. Hasan Ghani Sahib, AIR 1957 Mad 646 (656).

All acts done with an evil disposition or unlawful motive with an intention to cause injury and without a lawful excuse, Bhupinder Singh v. State of Haryana, AIR 1968 P&H 406 (416).

Malice is not merely the doing of a wrongful act intentionally, but it must be established that the defendant was actuated by malice and animus, that is to say by spite or ill will or by any indirect or improper motive, Ramesh Chandra Singh Mohapatra v. Jagannath Singh Mohapatra, AIR 1975 Ori 121 (22).

In common law or acceptance means ill will against a person, but in legal sense means a wrongful act done intentionally without just cause or excuse. A decision which has been taken after due deliberations and upon due application of mind cannot be held to be suffering from malice in law on the ground that there had been undue on the part of the State and the Board. (1991) (4) SCC 54 followed, Chairman and MD BPL Ltd. v. S.P. Gururaja, AIR 2003 SC 4536 (4542): (2003) 8 SCC 567.

Malice, in legal sense, means malice such as may be assumed for a wrongful act intentionally but without just cause/excuse or for one reasonable or probable cause, R.S. Garg v. State of Uttar Pradesh, AIR 2006 (SC) 2912: (2006) 6 SCC 430: (2006) 7 JT 1: (2006) 7 SCALE 405: (2006) 6 Supreme 324: (2006) 7 SCJ 193: (2006) 8 SCJD 36: (2006) 8 SRJ 545: (2006) 5 SLR 348.