The High Court of Karnataka rejected a petition filed by an octogenarian, who had questioned the legality of the provision in the Code of Criminal Procedure (Cr.P.C), 1973, for abatement of criminal proceedings on the death of the accused.
Referring to some judgments on the laws of abatement in countries like U.S. and Australia, the court said that provision for abatement of the criminal proceedings as they exist in Cr.P.C are “universal and time tested.” Justice Krishna S. Dixit passed the order while dismissing the petition by V. Varadaraju, 89, a resident of Bengaluru.
“The policy of the State as enacted in statutes which provide for the final abatement of appeals on the death of accused are animated with legislative wisdom & logic. It is a matter of pure legislative policy that death of the accused should put an end to criminal proceedings. Therefore, the said provision cannot be voided,” the court observed.
