Kochi: The Kerala High Court has held that even non-legal heirs of a complainant can be allowed to continue prosecution in a complaint case after the complainant’s death, even if the legal heirs are alive but choose not to pursue it.

The court issued the judgement while considering a revision petition in a case related to forgery and robbery filed by late Sudarsan. As the complainant passed away, his sister appeared before the court. 

Justice Kauser Edappagath, interpreting Section 302 of the Code of Criminal Procedure (CrPC), observed that the provision empowers a Magistrate to permit “any person” to prosecute a complaint. This cannot be narrowly interpreted to mean only the legal heirs of the deceased complainant, the court said.

 “The Court may permit even a non-legal heir to continue prosecution, though legal heirs are alive and not willing to proceed. However, the discretion lies with the Court, which must consider the facts of each case and the applicant’s interest in pursuing prosecution,” the judgment stated.

The ruling came in a case where the complainant had died during the pendency of proceedings before a magistrate court in Attingal. The complainant’s sister sought to continue the case under Section 302 CrPC, which the accused opposed, arguing that the complainant’s daughter should have taken up the prosecution.

The High Court noted that the CrPC does not contain any provision mandating substitution by legal heirs after a complainant’s death. It also clarified that in summons or warrant cases instituted otherwise than on a police report, the court is not bound to discharge the accused upon the complainant’s death, as long as a pleader or other permitted person can represent the case.

Dismissing the revision petition, the court upheld the magistrate’s decision allowing the complainant’s sister to continue prosecution.
(With Live Law inputs)