Vexatious Litigation

Legal action that arises only to annoy or intimidate or harass another person is known as vexatious litigation. It could appear as an initial frivolous litigation or as the repeated, onerous, and unjustified filing of meritless motions in an otherwise worthy cause of action. Vexatious litigation is regarded as a misuse of the legal system and can lead to penalties for the perpetrator. It typically takes more than one lawsuit, even one that is frivolous, to qualify a litigant as vexatious. However, it usually takes a string of pointless legal activities to qualify as vexatious.

What is the Meaning of Vexatious Litigation?

A claim or allegation of misconduct that is inaccurate or otherwise unsupported by evidence is referred to as a Vexatious litigation. It is often referred to as unsubstantiated, baseless, false, or false charges or assertions. It is also known as false cases. The false lawsuits or vexatious litigations are filed before the subordinate court in India "maliciously" or with "malice" by unscrupulous complainants or litigants.

Rationale behind Vexatious Litigation

In brief, all the causes or grounds for the filing a false case or vexatious lawsuit by one person against another have been discovered and are anchored principally on three essential inceptions, which are −

• Greediness combined with the motive and intention to unlawfully gain access to another personal life and property by taking advantage of the available legal and judicial process.

• Personal and circumstantial animosity of one person against another and using this to unfairly benefit from legal and judicial process to harass him or her mentally, physically, and financially; and

• Error or negligence on the part of the complainant/plaintiff.

So, these three situations constitute the causes or justifications for bringing an erroneous claim or engaging in pointless litigation before India's subordinate courts. Out of these three reasons, the filing of a false case or vexatious litigation driven by the avarice of the plaintiff or petitioner in civil litigation and the de facto complainant or prosecutor in criminal cases is highly frequent and prevalent in the socio-legal environment of India.

Impact of Vexatious Litigation

An unfavourable effects and outcomes of vexatious litigation come from three dimensions as −

Impact of Vexatious Litigation upon the victim

A fraudulent case being filed or vexatious litigation being brought against an innocent individual can have a serious and detrimental effect on the victim. This involves suffering both mentally and physically, financial loss, the waste of precious time, and a poor name or taint. To rebut the false accusation and demonstrate the victim's innocence in India's current socio-legal and judicial system, thousands of attempts are required. An innocent person may end up paying a steep price for this procedure, which may be time-consuming, expensive, and difficult.

Impact of Vexatious Litigation upon the Legal Institution

A significant issue is how fake cases and pointless litigation affect India's subordinate judicial system. In India, there are lakhs of cases that are still pending in district courts or inferior courts. The courts and police stations are already overworked and exhausted from finding and battling the real cases and real causes of action. There would be a significant legal and judicial crisis if frivolous lawsuits or fake cases are often filed and accepted before the court without any restrictions. Every lawsuit and litigation in India must be subjected to a merit and veracity check by the courts and legal system.

Impact of Vexatious Litigation upon Society

The False cases or pointless litigation brought before the court by dishonest and irrational litigants has a detrimental effect on society as a whole, causing poor management and miss-governance, a loss of moral values and ethics, and the sowing of lies, animosity, hatred, and immorality. Therefore, to preserve the chastity and integrity of the court system, this form of unethical behaviour must be discouraged and eliminated from all levels of administration and the legal system.

Laws in India: Preventing False Cases and Vexatious Litigation

There are provisions in civil as well as criminal act to provide provisions for restitution and sanctions against fraudulent complainants and claims and these are −

Provisions under the Code of Civil Procedure, 1908

In India, Section 35A and Order VI, Rule 16 of the Code of Civil Procedure, 1908, provide the prevailing provisions that regulate and prevent the institution of fraudulent or vexatious lawsuits before the subordinate court. The clause outlaws all unethical and unlawful tactics used to file frivolous or fraudulent lawsuits or claims, including frivolous or fraudulent Defences.

Provisions under the Indian Penal Code, 1860

The unlawful and immoral act of instituting a fraudulent lawsuit or claim is not simply a civil violation for which the Code of Civil Procedure, 1908 provides a remedy. Yet, as stated in Section 209 of the Indian Criminal Code 1860, the same activity has also been considered to constitute a crime.

Moreover, Section 211 of the Indian Penal Code 1860 more specifically specifies the punishment for the complainant who files a criminal complaint against an innocent individual maliciously intending to harm him or her.

Conclusion

The Law Commission of India has suggested a bill to the Ministry of Law and Justice, Government of India to prohibit and curb unethical and scandalous tendencies of filing fictitious cases and vexatious processes in the High Courts and courts that report to them. The latin term "Ubis jus ibi remedium," which means "where there is a breach of a legal right, there must be a legal cure for it," is the fundamental legal concept guiding criminal procedures, and any kind of false cases or vexatious litigation against an innocent person should be monitored and discouraged from every level of the legal fraternity.

Frequently Asked Questions

Q1. What is the remedy for vexatious litigation?

Ans. When such action is initiated, the plaintiff either knows or ought to know that there is no legal basis for the claim. The harmed party frequently brings a claim for malicious prosecution to collect compensation for vexatious litigation.

Q2. What do you mean by vexatious litigant?

Ans. A person who files a false case in front of a competent court that is malicious in nature is known as a vexatious litigant.

Q3. What are the grounds upon which vexatious legal proceedings can be instituted?

Ans. "Vexatious" can refer to litigation that is intended to defame a defendant or litigation that is intended to frustrate and harass a defendant.