Malice means unjustified, inexcusable intent to commit a wrongful, legally evil act. Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice may be inferred from various evidence, depending on the nature of the case.

Malice is a formal design of doing mischief to another: it differs from hatred. [Jacob’s Dictionary]

Malice in common acceptation, means, ill will against a person; but in its legal sense, it means, a wrongful act done intentionally without just cause or excuse. [Per Bayley, J., Bromage vs Prosser, 4B. C.]

Between malice in fact and malice in law thee is a broad distinction. 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. Malice in fact is quite a different thing; it means an actual malicious intention on the part of the person who has done the wrongful act. Action on a legally extraneous or obviously misconceived ground of action is a case of “malice in law”. [Dr. Nurul Islam vs. Bangladesh (1981) 33 DLR (AD) 201]