Death certificate of accused
Anamika
(Querist) 06 May 2012
This query is : Resolved
Hi,
In a criminal case of fraud and forgery of 2009, there are two accused of which one expired in 2012. A death Certificate is submitted on record. The Judge said " We shall have to investigate and only then can we take the death certificate on record."
The death was due to a severe heart attack, however since there was nobody at home at that time it became a police case and a post mortem was accordingly conducted.However the death certificate clearly mentions the reason being a severe heart attack.....
My query is:
1. What is this investigation procedure ????
2. Since the death lead to a police case, would the investigation as mentioned above go against the dead accused and not discharge him of his criminal liability???
3. What would be the liabilty upon the legal heir ????
4. Would it be the same as in a civil case or he shall be disharged on account of death ???
Please reply as the matter is urgent....
Thanx to all in advance.
Anamika.
Adv Archana Deshmukh
(Expert) 06 May 2012
A criminal case abates upon the death of the accused. In the above case the legal heirs of the accused cannot be brought on record to continue with the case. However, in a civil case the case can be continued against the legal heirs.
R.K Nanda
(Expert) 06 May 2012
Nothing to add more.
Adv.R.P.Chugh
(Expert) 06 May 2012
I Endorse Ld.Colleague Archana. Criminal Action dies with the person. Only an appeal against a sentence of fine - does not abate and LR's can challenge because it has financial implications for them.
Even in civil cases the general rule is actio personalis cum moriturus persona - a personal action dies with the person, and only in cases where right to sue survives against the others - can LRs be brought on record.
To cut the long story short - nothing for you to worry in there.
Bharat
ajay sethi
(Expert) 06 May 2012
agree with archana
V R SHROFF
(Expert) 06 May 2012
u had done your job.
let court do whatever investigation, They can't punish dead accused!!
They cab't execute warrant.
Court may waste more time.
Usually, dc is taken on record, and pp don't object it w/o reason.
Shonee Kapoor
(Expert) 07 May 2012
I endorse the views of Ld. Archana.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
