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Shobhit Chauhan (Founder/President)     13 August 2016

Death declaration for absconding criminal

Hi everybody! 

I just wanted to know that if a criminal has been absconding for more than 7 years, can his family members initiate a suit for declaration of his death and subsequently all cases against him will be closed down? 

Kindly refer to some case law as well, if available. Thanks a lot. Have a nice weekend. 


 3 Replies

Kumar Doab (FIN)     13 August 2016

Generically speaking: Police must be having record of complaint and efforts made to nab.

Civil death is declared by court.


Local lawyers knowing full facts of the case and family can update further.

Sudhir Kumar, Advocate (Advocate)     14 August 2016


N.K.Assumi (Advocate)     14 August 2016

Law about presumption of death is governed by sections 107 and 108 of the Evidence Act, which has been interpreted by the Supreme Court, in LIC v/s Anuradha -2004- 10 SCC 131:. The law provides that if a missing person remains unheard of for seven years, a presumption that he is dead can be raised in appropriate proceedings before a court. There cannot be any evidence about the actual date, time and place of his death.

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