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Tarun kumar (student)     12 September 2012

Death of accused during trial

can some one reply on the topic ,what is the procedure when an accused dies during the trial & under what section



 5 Replies

Bhawani Mahapatra (Law Officer)     12 September 2012

What procedure you are talking about ??

venkatesh Rao (Retired Government Servant)     12 September 2012

Case/proceedings  stands abated

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 September 2012

When Accused during trial - the trial naturally abates because there is no one to punish. However if an appeal has been filed against a conviction - and accused dies during the pendency of appeal then the appeal can be contested by the relatives of the deceased-accused, who may want to do this to remove family ignominy of conviction or imposition on fine which may be a financial burdne to them. In this regard see Section 394 of the CrpC

1 Like

(Guest)

Court will call death report and end the case in criminal matter.

rajeev joshi (lawyer)     11 August 2018

sec 394 of CrPC deals with abatement of appeals. If one of the accused dies before the charges are framed by the magistrate, under what sec an advocate can file for the abatement of the case against the accused who is dead?


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