Kerala High Court: Non-Legal Heirs Can Continue Prosecution Under Section 302 CrPC

The Kerala High Court held that even non-legal heirs of a complainant can continue prosecution upon the complainant’s death, even if legal heirs are alive but choose not to pursue the case.

Justice Kauser Edappagath clarified that Section 302 CrPC empowers a Magistrate to permit “any person” to prosecute and its scope cannot be restricted to legal heirs alone. 

The ruling came after the complainant’s sister sought to continue proceedings in and was opposed by petitioners citing the complainant’s daughter’s inaction.

Upholding the trial court’s order, the Court dismissed the revision petition.

[Sukumaran and Ors. v State of Kerala]