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Sakthivelu Ramanujam   23 January 2020

proforma defendant

what stands for proforma defendant in criminal case? please explain


Learning

 3 Replies

Raksha Joshi   23 January 2020

Hello sir!

Thank you for your question!

A pro forma defendant is a defendant named as a matter of formality, who typically has no direct responsibility for the harm alleged, but shares an interest with other defendants, such as being a co-owner of property or successor in interest. For example, a co-owner named on a deed or an heir who inherits property may be named as a pro forma defendant. A pro forma defendant is a term used mainly in Indian law.

Hope this helps! Let me know if there are any further queries!

Best Regards,

Raksha

 

Sakthivelu Ramanujam   23 January 2020

hi sir, thanks for your reply. in a case where 5 accused arrested for dacoity and confirmed conviction in sessions and high court ,they got an order of exemption from surrendering through a special leave petition in supreme court by representing a3 a lady involved in the dacoity as petitioner and included a1 and a2 as proforma defendant. My questions are
1. what exactly meant here by representing a 1 and a2 as proforma defendant?
2. is the exemption from surrender is applicable to the above said proforma defendants a 1 and a2?

K.C. Girish Chandran   23 January 2020

how to investigate a murder case

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