CrPC Section 229
Section 229 CrPC: Procedure when person accused of offence is dead
Text of Section 229:
"When a person accused of an offence dies after the complaint or charge has been made or laid but before the verdict is given, the court shall record the fact of the death and shall make an order that the proceedings be abated."
Explanation:
Purpose of Section 229
This section deals with what happens if the accused person dies after the criminal proceedings have begun (i.e., after a complaint has been filed or a charge has been framed) but before the court gives a verdict or judgment.
Effect of death of accused during trial
If the accused dies while the trial is still ongoing:
The court must record the fact of the accused’s death officially.
The court must order that the proceedings be abated, meaning the case is discontinued and no further trial takes place.
Why does the proceeding abate?
Because the accused is no longer alive to defend themselves or be subject to the court’s judgment, the trial cannot logically continue or conclude.
What is "abatement" of proceedings?
Abatement means the termination or cessation of the trial process due to death of the accused.
It implies the criminal case comes to an end without any verdict or judgment being passed.
What about if the accused dies after conviction?
Section 229 only applies before the verdict. If the accused dies after conviction, other legal principles apply, and the conviction stands or other procedures may follow.
Key Points:
The section applies when the accused dies after charge but before verdict.
The trial cannot continue after the accused’s death.
The court must officially record the death and abate the trial.
No verdict is passed because the accused is no longer available to be tried.
Illustration / Example:
Suppose a person is accused of a crime and the trial has started, charges framed, witnesses examined, etc. But before the court can pronounce a judgment, the accused dies due to illness or accident. In this case:
The court records the death officially in the court proceedings.
The court issues an order saying the trial is abated.
The case ends there, with no verdict or conviction.
Why is this provision important?
It prevents unnecessary continuation of proceedings against someone who is no longer alive.
It protects the dignity of the legal process by formally ending the case.
It ensures efficient use of court time and resources.
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