Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Alok Singh   15 July 2022

abatement

under which section trial is abated due to death of accused


Learning

 5 Replies

Abdul Israr   15 July 2022

No such provision exist in CrPC because the purpose of a criminal trial is to find the guilt of an accused and punish him if found guilty. But since the person is dead, there is noone to receive the punishment.

G.L.N. Prasad (Retired employee.)     16 July 2022

If the legal heirs are not impleaded/transposed within a limitation period by other parties, the civil suit is treated as abated and it depends on facts and circumstances and differs from case to case.

Shashi Dhara   16 July 2022

If accused is dead case is closed in cc and  civil by bringing lrs on record the case continues.

Dr J C Vashista (Advocate)     17 July 2022

Continuance of the trial proceedings after the death of the sole accused is considered to be infructuous and meaningless.

However, express provision for abetment of the trial proceedings after the death of the sole accused is not available in CrPC but it is a well-established doctrine through various Supreme Court and High Court Judgments.

P. Venu (Advocate)     23 July 2022

What are the facts? What is the context?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register