Death of Main Accused doesn’t Abate Trial-BHC

June 06, 2018

In this recent case, the High Court of Bombay has settled the legal proposition that the death of the main accused does not absolve charges or abates trial against other allied accused in the case.

In the case at hand the main accused i.e. Accused No.1 was a Public Servant and was reported to be dead before framing of charge and hence criminal proceeding against him were abated. However, charges were framed against other accused (who were not Public servant) for offences under the Prevention of Corruption Act.

It was contended by the prosecution in the case Special Judge also could not frame any charge against other accused in the case who were non­public servant.

The High Court of Bombay after relying on precedents and facts of the case directed that the Special Judge shall proceed to frame charges against the accused in the case. While pronouncing its order, the High Court relied on Supreme Court’s recent judgement in the case of State of Tamil Nadu Vs. Nirmala Etc.[1], whereby based on similar facts, the Apex Court held that death of main accused does not result in abatement of trial.