Malice

Malice means a desire to inflict harm or suffering on another. harmful intent on the part of a person who commits an unlawful act injurious to another. the desire to do harm or mischief evil intent an indirect wrong motive. the presence of some improper and wrongful motive implies spite or ill-will It is of two kinds 1. malice in fact or actual malice 2. malice in law or implied malice Malice-in-fact 1. Malice-in-fact is an act done with ill will towards an individual. 2. Malice-in-fact depends upon motive. 3. Malice-in-fact means ill-will or any vindictive motive against a person. 4. It is also known as Actual malice or Express malice. 5. Relates to the actual state or condition of the mind of the person who did the act. 6. Malice in fact is where the malice is not established by legal presumption or proof of certain facts, but is to be found from the evidence in the case. Malice-in-law 1. Malice-in-law means an act done wrongfully and without reasonable and probable cause. 2. Malice-in-law depends upon knowledge. 3. Malice-in-law means the concurrence of mind with a wrongful act done without just cause or excuse. 4. Malice-in-law is also known as Implied Malice. 5. A person who inflicts an injury upon another person in contravention of the law is not allowed to say that he did so with the innocent mind: he is taken to know the law, and he must act within the law. He may, therefore, be guilty of malice in law, although, so far the state of mind is concerned, he acts ignorantly, and in that sense innocently

S.R. Venkataraman v. Union of India (AIR 1979 SC 49). Prabodh Sagar v. Punjab State Electricity Board and others. (2000) 5 SCC 630