Basis

Malice in Fact

Malice in Law

Meaning

Malice in fact means actual malice, that is, ill-will, spite, or personal animosity against another person.

Malice in law means intentional commission of a wrongful act without lawful justification, even if there is no personal hatred.

Nature

Malice in fact is subjective, as it depends on the mental attitude of the person committing the act.

Malice in law is objective, as it is inferred from the wrongful nature of the act itself.

Presence of Ill-will

In malice in fact, the presence of ill-will or bad motive is essential.

In malice in law, ill-will or bad motive is not necessary.

Proof

Malice in fact must be specifically proved by evidence.

Malice in law is presumed by law once it is shown that the act was unlawful or done for an improper purpose.

Focus

Malice in fact focuses on the motive behind the act.

Malice in law focuses on the legality and justification of the act, not the motive.

Application

Malice in fact is commonly relevant in cases like defamation and malicious prosecution.

Malice in law is commonly applied in cases involving misuse or abuse of statutory or administrative power.

Case Law Reference

Bromage v. Prosser (1825) – malice implies ill-will or improper motive.

S. R. Venkataraman v. Union of India (1979) – exercise of power for an unauthorized purpose amount to legal malice.

Concerned about

Malice in fact is concerned with personal intention and hostility.

Malice in law is concerned with wrongful conduct in law, irrespective of personal feelings.