If the opposite party dies in a civil or criminal case dies, what will happen to that case

OVERVIEW

If the opposite party dies in a civil or criminal case dies, what will happen to that case?

Court cases in India go on for years. In such a situation, the accused also dies. The death of an accused does not end the prosecution but does not determine his conviction or acquittal till the end. On the day the court decides the case, it is considered whether the person was guilty or not. Although the court does not proceed with the case when an application is presented by the prosecution on the death of an accused, the family members of the accused want to get the accused acquitted and proceed with the trial in a particular case. The prosecution can be carried out in full. If there is more than one accused in the prosecution, then the question of prosecution/dissolution of the case does not arise in such a condition. Those accused who are alive will be tried. Finally, if alive accused are found guilty, they can also be sent to jail for punishment.

In any case, the plaintiff and the defendant are two parties. A litigant is a person or party who sues or sues another party. And the defendant is the person who is sued and defends the case. Often such a situation arises when the person against the issue has been brought dies.

Whether the suit will be concluded depends on the case and the type of case.

There are mainly two types of cases:

  1. Civil case
  2. Criminal case

The situation in case of death of the victim in a Civil Case:

  • There is a dispute that the plaintiff had agreed to buy any property from the defendant. The suit does not end even after the death of the defendant.
  • Because any act or omission of the defendant causes damage to the plaintiff, and the same is not compensated even if the defendant dies. In this regard, the provision of Order 22 of the Code of Civil Procedure, 1908, is seen.
  • The death of any person in the case does not end the suit in all cases. For example, if a suit like a divorce or maintenance is going on between the husband and the wife and the defendant dies, the suit ends. But there are many cases where the suit is not concluded even after the respondent's death.
  • Where, in the event of the death of a defendant, the suit is dealt with first in any case. If there is any ground for the claim even after the end, the court makes the heirs of the defendant parties to the case.
  • If any property is to be taken possession of or any money is to be recovered, then such recovery can be made by auctioning the defendant's properties. The heirs of the defendant are bound to appear in the case on his behalf.

The situation in case of death of the victim in a Criminal Case:

  • In a criminal case, the victim's death does not affect the prosecution. As if a knife has injured a person. The state is prosecuting persons who attacked with knives. After some time, the person who was stabbed dies, then the matter is not over.
  • The prosecution goes on. State pursues that matter till the end.  The death of a victim only reduces one witness in the prosecution.
  • If the victim has testified, the witness is also not diminished. The accused can be punished even after the death of a victim. In the event of the victim's death, no application is required to be made on behalf of his successor. This is different from a civil case; it is not so in a criminal case.
  • In a criminal case registered on the complaint, in case of the victim's death, his successor may present himself through the application. For example, in case of the bounce of a check under Section 138 of the Negotiable Instruments Act, on the death of the victim, his legal heirs can appear in the court and conduct the case and receive compensation in the form of succession on behalf of the deceased.

Inclusion of heirs after the death of the defendant:

  • In any case, in the event of the defendant's death, his heirs are made parties. In the event of the defendant's end, Order 22 of the Civil Procedure Code has been given to make the heirs party, where it is expressly stated that the plaintiff has to make an application to the court to make such a party.
  • The application has to state that the defendant, against whom the case was filed, is dead and that the heirs of the defendant be made parties to the suit. This application has to be submitted within 90 days. The court dismisses the case if such application is not submitted within the stipulated time frame.
  • It also happens often that the plaintiff does not get the information about the defendant's death. He can get an exemption under section 5 of the Limitation Act, and the court can accept that due to non-receipt of information, the application is submitted on behalf of the defendant. Has not been.
  • As soon as the plaintiff gets the information about the defendant's death, the information of his heirs should be removed, and an application should be made to the plaintiff to make them a party in the case. If the plaintiff is not aware of the heirs of the defendant, then he should mention only one successor in the court.
  • Later it is the responsibility of that heir to inform the court about his other people and also that those people are the heirs of the person who died. All the legal heirs of the defendant may be made a party to the case, or anyone may be made a party on behalf of all.
  • An accused being prosecuted if they commit an offense is not against the victim but the state. As the Government of India has made a person driving rashly in the Act by the Parliament, it has been made an offense under the Motor Vehicle Act.
  • Due to such haste, if any injury is caused to any person, that person will suffer. But the offense committed would be against the state. The state prosecutes that offense in court. If the crime is proven, the accused is convicted and punished. In a criminal case, there are accused, and there are victims. A victim is someone whom the crime has harmed. The circumstances are different if the accused or the victim dies in a criminal case.

In cases of succession etc., a person does not get succession if he is accused of murder. Therefore, in cases like murder, the succession court of the accused conducts the case entirely so that it is clear whether or not the accused who died was guilty.

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