LawRato

Want to know about FIR query regarding what happens to fir upon death


21-Mar-2023 (In Criminal Law)
Say, if an FIR was filed and then, years later, the accused whom the FIR is against, dies. is that FIR invalid???
Answers (2)

Answer #1
607 votes
The case gets abated as per section 256 of the CRPC. the relative of the deceased accused needs to procure the death certificate and inform either the police or the court directly and submit the death certificate. After ascertaining it's genuineness, the court will pass an order accordingly

Answer #2
550 votes
Yes. If he is the only Accused in the case then naturally the case also does along with the Accused.

Criminal proceedings are initiated to punish the Accused. That is the entire purpose behind it. But if they accused him self has died now there is no one to be prosecuted. The trial against him abates.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."