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Sandeep (firm)     11 November 2021

Impact of death of main accused

In an ongoing case (under PC Act) the main accused has died few months ago. My queries are:

1. Now what will happen to the case ? 

2. Will name of main accused will remain there in the list of accused or will it be deleted?

Thanks & best regards

Sandeep



Learning

 6 Replies

minakshi bindhani   11 November 2021

As per your concerns!
The state of Maharashtra, In re,  2018 SCC OnLine Bom 1125, dated 04-06-2018

The Court observed that the death of the main accused does not result in abatement of trial as regards the other co-accused under the Prevention Corruption Act.

Hope it is useful!
Regards
Minakshi Bindhani
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RAJYA LAKSHMI BANDARU   11 November 2021

Dear client,
Death of the accused does not abet the trial of the case. Case will be tried with other accused.

if my suggestion is helpful to you kindly rate me
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Sandeep (firm)     11 November 2021

Thanks for your reply. Please confirm whether name of main accused will remain there in the list of accused or will it be deleted?

minakshi bindhani   11 November 2021

Sir,@sandeep

The main accused died in the criminal proceedings, the allegations against him stood abated.

Advocate Bhartesh goyal (advocate)     11 November 2021

During proceedings of criminal trial if any accused dies then,the allegations/charges against him stands abated.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 November 2021

If there are multiple accused in a case and if one of them dies then the law suggests that only the deceased should be abated from the charges. Legal proceedings should be continued against the other accused persons. The death of one accused should not have any effect on the proceedings against the other accused.

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