Who is liable to pay the amount of decrease person involved in court c

Question

Who is liable to pay the amount of decrease person involved in court c

24-Aug-2023 (In Criminal Law)

My aunt's son died due to suicide . In his name there are two false cases are filled under section 406/420 . And the claim amount is 14 lac. He didn't own any asset . So my question is can court cancel the case ? Or his family mambers have to pay the alleged amount.. they have no source of income

Answers (3)

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?

Connect with top Criminal lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

Query regarding bail rules in Delhi courts

Need a honest lawyer - forgery, fraud threats. Kurukshetra/High court

Sir, Can I take bail for 323, 504, and 506 IPC on bail bond

Not received memo for handing over stolen device to police

My exboyfriend want relationship with me without my consent

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

All Answers

Advocate Abhinav Sharma LawRato · Accepted Answer · 2022-08-25T10:43:03+05:30

Answer #1

Hi The ultimate object of the criminal proceedings is to punish the accused on his conviction of any offence. Therefore, the criminal proceedings abate on the death of the accused, as their continuance thereafter will be infructuous and meaningless. You need to move an application for abatement.

Helpful?

Adv. Abhinav Sharma Adv. Abhinav Sharma

Delhi | 700+ Answers

Chat CONTACT NOW

Advocate Kunal Srivastava LawRato · Accepted Answer · 2022-08-25T18:47:06+05:30

Answer #2

Hi, the current legal position regarding this issue seems to bend in favour of the proposition that if the sole accused in a criminal case dies before trial then the case is abated. Please feel free to contact me for further assistance.

Helpful?

Adv. Kunal Srivastava Adv. Kunal Srivastava

Delhi | 100+ Answers

Chat CONTACT NOW

LawRato LawRato · Accepted Answer · 2022-09-03T17:07:31+05:30

Answer #3

Criminal proceedings are not recovery proceedings. Unless, the property is such that it is liable/or was seized u/s 102 CrPC by the police or attached by court during the investigation/trial, the property owned by the deceased is generally immune to any interference. Moreover, upon the death of accused, criminal proceedings abate. The claim of the other party cannot be sustained in criminal proceedings against a dead accused. The other party will have the right to institute suit for recovery within limitation period.

Helpful?