Victim’s Appeal Under S.372 CrPC Can Be Continued By Legal Heirs: Supreme Court

The Supreme Court has held that a victim’s legal heirs can continue an appeal against acquittal under the proviso to Section 372 CrPC if the original appellant dies during the pendency of the case.

A Bench of Justices BV Nagarathna and KV Viswanathan rejected the argument that such appeals abate under Section 394(2) CrPC.

The Court noted that the 2009 amendment widened the definition of “victim” in Section 2(wa) CrPC to include legal heirs, and limiting substitution would render the right to appeal illusory.

Accordingly, the Court allowed substitution of the deceased victim’s heir and remanded the matter to the High Court.

[Khem Singh (D) Through LRs v. State of Uttarakhand]