Section 51-7-46. Immunity of grand jurors from action for malicious prosecution; liability of person instigating presentment

   (a) No member of a grand jury shall be subject to an action for malicious prosecution based upon a presentment made by the grand jury.

(b) If a presentment is made at the instigation of a third person, from malice on his part and without probable cause, he shall be liable to an action for malicious prosecution just as if he were named as prosecutor.

Orig. Code 1863, § 2927; Code 1868, § 2934; Code 1873, § 2985; Code 1882, § 2985; Civil Code 1895, § 3846; Civil Code 1910, § 4442; Code 1933, § 105-807.