This analysis uncovers the misuse of criminal law in civil disputes, comparing precedents from India's Supreme Court to UK jurisprudence.
The narrative of the present submission attempts at articulating the rule of law pertaining to the abuse of the process of criminal law while assessing the same towards civil and commercial liabilities. The stern stand taken by the Hon’ble Supreme Court in the latest judgements against the above said misuse. The chronological tracing of the precedents wherein the said premise has been examined and doctrines pertaining to the same have been established as law. The relevancy of the said canons as established by way of precedents and how the same are relevant today while the same doctrines are being enforced still. The present paper also compares the above said premise to that of teh jurisprudence being practiced before the Courts of United Kingdom. How such situations are being dealt with by the competent Courts of the United Kingdom and the interplay between the jurisprudence of both the countries.
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Om Prabha Saini (2025) studied this question.
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