vignesh Achar (advocate) 16 February 2011

complainant dead

hi,

In a private complaint filed in the Court for offences under section 326 of IPC etc;, police file B-Report, thereafter Objection to the same is filed by the complainant, and accordingly the court was pleased to reject B-Report, and posts the matter for recording Sworn Statement of the complainant. Now, the complainant has expired due to ill-health, However there are other INJURED EYE-WITNESSES, cited in the list of witnesses, who are still willing to prosecute the matter.

I want to know, whether, this Injured eye-witness can be substituted as the complainant? then under what provision? any authority on the matter?

2ndly, these injured eye witnesses have only suffered simple injuries, can they still press for prosecutio under section.326?

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3 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 16 February 2011

case to be proceeded if cognizance is taken by the court is my opinion

Rakesh Shekhawat (Advocate) 16 February 2011

A criminal proceeding ipso facto would not come to an end on the death of the complainant, as it is not a crime only against a particular person or a group, but against the society at large. In other words, criminal proceeding legally instituted, unlike civil proceeding would not abate on the death of the complainant, where cause of action is personal, as such, if upon death of a complainant, if its proposed heirs come forward to continue the complaint, the same may be ordinarily allowed. So in present matter injured as well as legal heir can proceed the matter.

Some Citations.:

2007 CRI. L. J. 2306 (Rashida Kamaluddin Syed & Anr. vs Shaikh Saheblal Mardan (Dead) by L.Rs. & Anr)

2007 CRI. L. J. 1970 (nder Jain Vs State of Haryana & Anr.)

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vignesh Achar (advocate) 20 February 2011

Thanks alot sirs, 4ur valuable inputs...