respondent expires in a criminal case

Please inform what happens to a case if the respondent in a criminal case u/s 406/420/467/468/47134 dies.

Before answering this it is important to find out how to respondent died. If he was murdered then the case will not close. If he died of natural death then there is a possibility that the case will close. This is because they will know there is no case to answer. I hope this helps. KS Johol


Plz answer me Is Respondent means accused 


Der querist answer the above questions,and also put the query in detail.

ha21@rediffmail.com Mumbai : 9820174108

1.  On death of the Respondent aka Accused, the criminal charge against the Respondent aka Accused will stand abated, "by legal default", without any further reference, more so because in a criminal case, the criminal charge is not transferable.


2.  HOWEVER, "IF" there are multiple "Respondent aka Accused" in the criminal case, THEN the case will continue against the remaining Respondent aka Accused.


Keep Smiling .... Hemant Agarwal
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Respected Sir,

What will happen, if accused died during appeal u/s 138 N I Act. In another words, an accused convicted u/s 138 N I Act in sentence Rs. 35000/- as compensation to be given to complaiant and in addition to this three months sentence. the accused made appeal at ADJ level, before finalising appeal, the accused expired due to natural death.

Thanks in advance,


SECTION 394 CRPC;1,Every appeal under section 377 or section 378 shall finally abate on the death of the accused.

  1. Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant:

    Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.





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