Mala Fide
/MAH-lah FY-dee/
In bad faith — acting with dishonest intent, deceit, or ulterior motive.
Full Definition
Mala fide (Latin: 'in bad faith') is the opposite of bona fide — it describes acts done with fraudulent intent, dishonest purpose, or ulterior motive. In administrative law, mala fide exercise of power vitiates the entire decision — a government order made for personal vendetta or corrupt purpose is void. In criminal law, mala fide intent underpins offences like fraud, cheating, and criminal breach of trust. Proving mala fide requires evidence of the specific improper purpose behind the act.
In Indian Law
Used extensively in service law and administrative law — courts quash transfers, suspensions, or orders made mala fide. In Pratap Singh v. State of Punjab (1964), the Supreme Court quashed a transfer order made solely to harass a civil servant who gave evidence against a minister. Mala fide prosecution (filing FIR for personal reasons without genuine grievance) can be quashed under Section 482 CrPC (Section 528 BNSS).