Published on: October 22, 2023 at 15:53 IST
Court: Privy Council
Citation: Shearer V. Shields (1914)
Honourable Privy Council has Legal Malice which is a deliberate and conscious act without any jurisdiction, authority or power. Such a Malice is usually intentional committed with an intention to inflict an injury upon the person.
“Between malice in fact and malice in law there is a broad distinction which is not peculiar to any particular system of jurisprudence. A person who inflicts an injury upon another person in contravention of the law is not allowed to say that he did so with an 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 as the state of his mind is concerned, he acts ignorantly, and in that sense innocently.”
Drafted By Abhijit Mishra
