POOJA (ARTICLE ASSISTANT) 14 December 2023

Enforcement Directorate

Can ED charge legal heirs for the offences done by deceased?

Quick Summary

This discussion explores whether the Enforcement Directorate (ED) can hold legal heirs responsible for financial crimes committed by a deceased individual. Generally, criminal proceedings are personal to the offender, meaning a case typically ends if the accused passes away. However, the specifics of tax evasion and loan manipulation by the deceased are raised, prompting a need for further clarification on potential civil liabilities or asset recovery.

4 Replies

Dr. J C Vashista (Advocate ) 15 December 2023

No,

LRs of deceased accused cannot be prosecuted.

Real Soul.... (LEGAL) 15 December 2023

No, The criminal case is always upon the person commuting crime and if the accused died the case ends.

Sudhir Kumar, Advocate (Advocate) 15 December 2023

not able to agree or disagree.

please elaborate the facts of the case.

POOJA (ARTICLE ASSISTANT) 15 December 2023

died person has grabed taxes which is not prevailing , did manipulation in secured loans payoff..nor paid any taxes.. just enjoyed and died ..now childern are enjoying luxury

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