After procedures in a criminal case after the death of the accused.

867 votes

The Code of Criminal Procedure, 1973 is a procedural law providing the mechanism in which manner the criminal trials are to be conducted on the basis of substantive criminal law i.e., IPC and other criminal statutes.

The primary object of the criminal justice system is to ensure that the trial must be fair and just. Once the cognizance has been taken of a particular case then CrPC comes into force. First, a complaint is registered with the police, the police then conduct a primary investigation.

Based on the investigations made, the police arrest the suspects and frame charges against them in relevance to the offenses committed by them.

After framing of charges these suspects become the accused of the case. The case then proceeds for trial in component court. A full trial is then conducted by the competent court.

During the trial, a statement of witnesses is recorded, evidence that has been found is examined, and contentions of the accused and the complainant are heard by the competent court. After completion of the full trial, the court passes the final judgment wherein the accused is either convicted or acquitted.

However, it is pertinent to know that not every trial leads to a conviction or acquittal. Sometimes the trial ends in the middle without any final judgment with respect to conviction or acquittal.

Death of the accused in a case is one such instance wherein a trial ends in the middle without any final judgment. The ultimate object of any criminal proceedings is to punish the accused on his conviction of any offense. However, if the accused dies before the full trial is conducted then the proceedings of the case need to be abated.

Continuance of the trial proceedings after the death of the sole accused is considered to be infructuous and meaningless. Express provision for abetment of the trial proceedings after the death of the sole accused is not available in CrPC but it is a well-established doctrine through various Supreme Court and High Court Judgments.

Provision for abetment of appeals after the death of accused:

Although express provision to abet the trial proceedings after the death of sole accused in a case is not present in the CrPC still express provision for abetment of appeals after the death of the accused is given in the CrPC. Section 394 deals with the abetment of appeals. It provides that appeals arising out of conviction should abet if the sole accused dies during the pendency of the trial.

Advocate Sabir N.S LawRato

795 votes

some times the accused died after issuing summons to the witnesses or there might be other issues
that might be the reason.
if you need any other help let me know
contact me for any other legal issues

ADV George

Advocate George Jose LawRato