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What happens if the victim dies before trial? What will be the status of that case?


17-Jul-2024 (In Criminal Law)
Hello Sir/Madam, I want to know what happens if the victim dies before trial. In a rape case, if the victim dies due to an accident or any other reason after the case is prosecuting but before it is final, what will be the status of that case? Please reply.
Answers (2)

Answer #1
911 votes
If the victim is dead, the Case can not be closed. The death might occur because of the trauma of rape and that might include the charges such as sec 302 IPC. Or if the victim is dead because of the reason not associated with rape, then the court will not close the case because the crime is considered as crime not only against the victim only but also because of the state. Therefore, the case will not be closed as such but the case will be contested against him by the state.
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Answer #2
604 votes
you should first of all clarify whether you are from victim side for the complainant side secondly e the criminal case if the FIR is filed it is case against the public at large which is known as in rem this is a legal term death of victim does not dilute the criminal law and the criminal charges levelled against an accused the point is if the victim is death that can be e understood that the vital witness of the case is dead but if statement of victim has been recorded under section 161 of CrPC or 164 of CrPC before the magistrate for the victim has the posed as witness in the court in a trial these are three different stages you should clarify and refine your question to get an appropriate answer I hope this should have clarified your question still you feel that you need more clarification kindly come up with more facts and precisely to the points so that you may be given proper advice
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Mutabazi
Thats good clarification

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