Mala Fide: Definition & Meaning

Mala fide is Latin for "in bad faith." A person intentionally tries to cheat or deceive you; this is known as performing a mala fide activity. Mala fide is the reverse of bona fide, which means "in good faith". Mala fide actions go against the objective for which they are approved to be used. The action is tainted by dishonesty in the performance of duty alone. Even in the absence of evidence of motive or dishonesty, an action is terrible.

Its legal use is somewhat as follows, any sale that appears to be made in bad faith needs to be stopped before it is finalised. They are attempting to demonstrate that the business and its overseas partners acted with mala fide intent. These powers can be misused pretty easily, the powers granted to all authorities, including judicial, quasi-judicial, and administrative ones, must be used properly, sensibly, and in good faith.

What is Mala Fide?

Mala Fide is a Latin maxim which means “in bad Faith”. The term Mala Fide can easier be explained as the direct antonym of the domestically used term ‘Bona Fide’, which means in good faith.

Illustration of Mala Fide

Mala Fide (false information) being knowingly transmitted to line managers or the municipal manager, or with a deliberate disregard for the truth, constitutes misconduct for which disciplinary action may be taken.

Important Case Laws

Some of the significant cases of this category are −

Ramji Lal Modi vs. State of Uttar Pradesh (1957)

In this instance, the court made it clear that statements, words, or actions must be malicious and cannot be accidental in order to be considered an infraction under Section 135A. Mens rea is thus a necessary component of Section 153A IPC. Additionally, the court underlined and upheld that the prosecution must prima facie show that the accused had the intent to sow hostility between various social groups in case of Manzar Sayeed Khan vs. State of Maharashtra.

State of Punjab vs. Gurdial Singh (1980)

In this instance, bad faith is defined as the pursuit of goals outside the authorised purpose of authority by deception or the pretence of achieving a lawful objective. The actuation or catalysis by malice is not legitimate if the application of the power is for the accomplishment of a reasonable goal.

E.P. Royappa vs. State of Tamil Nadu (1974)

The court ruled that the burden of proving mala fides rests heavily on the individual making the claim. It also noted that claims of mala fides are frequently easier to make than to prove, and that the seriousness of such claims necessitates evidence of a higher level of reliability.

Conclusion

The legal word, "mala fide," designates an action carried out in poor faith or without sincere intentions. It can also refer to a person who acts in evil faith. Mala fide behaviours frequently involve malice and the desire to cause harm to others.

Frequently Asked Questions

How to use mala fide in a sentence?

Any sale that appears to be made in bad faith needs to be stopped before it is finalised. They are attempting to demonstrate that the business and its overseas partners acted with mala fide intent.

What aims does mala fide pursue?

When something is done in good faith, it is called bona fide; when it is done in bad faith, it is referred to as mala fide. In other words, activities made with bad intent are considered mala fide, and those taken with good intent are considered bona fide.

What part of the IPC deals with mala fide intent?

The court has made it clear in a number of judgements that having a mala fide intention is a required element of an offence under Section 153A IPC. The prosecution must prove beyond a reasonable doubt that the defendant had the intent to sow discord between social classes.

What are some examples of mala fide actions?

Examples include making false assertions, withholding information on purpose, falsifying evidence, or willfully breaking contracts.

How is mala fide proven in legal case?

It is possible to prove "mala fide" by providing proof of dishonest motives, acts against good faith, or a pattern of dishonest behaviour.