Namakkal Raghavendran (CEO) 08 September 2021

Proccedings when accused dies

Does a criminal case abate automatically if the accused dies while the case is proceeding?

Quick Summary

When an accused person dies during a criminal case, the proceedings generally abate automatically. The court will close the case after verifying the death. While there isn't a specific CrPC section for trial abatement, Supreme Court and High Court judgments establish this principle. However, appeals against convictions do abate under Section 394 CrPC, unless the sentence was solely a fine.

3 Replies

Dr J C Vashista (Advocate) 09 September 2021

Yes, it gets abated and closed after verification of death of accused.

Advocate Bhartesh goyal (advocate) 09 September 2021

Criminal cases abates on death of accused . court close case after makeing inquiry in this regard

minakshi bindhani 09 September 2021

As per your query
There is no express provision in CrPc for abetment of the trial proceedings after the death of the sole accused but not applicable upon the co-accused. It is a well-established doctrine through various Supreme Court and High Court Judgements.

Although there is an express provision for abetment of appeals after the death of the accused is given under section 394 CrPC. It provides that appeals arising out of conviction should abet if the sole accused dies during the pendency of the trial.

Section 394 of Cr.PC has one limitation. Appeals that have arisen from the sentence of fine cannot be abated even if the accused dies before the final disposal of the appeal.
Hope it clarifies your issues!
Regards
Minakshi Bindhani