Can a dead person in India be prosecuted for criminal case?

Asked 12-Sep-2022
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The primary goal of the criminal process is to punish the accused after he is found guilty of any crime. The criminal proceedings end when the accused passes away because continuing them after that would be pointless and futile.

Can a dead person in India be prosecuted for a criminal case?

Can a dead person in India be prosecuted for criminal case

In India, a dead person cannot be prosecuted for a criminal case. However, if the case is related to dowry, then the husband's family can be prosecuted even after the death of the husband.

Dowry is a practice that is prevalent in many parts of India, where the bride's family is expected to pay a sum of money to the groom's family at the time of marriage. This practice is illegal, and the punishment for demanding or accepting dowry is imprisonment for up to six months, or a fine of up to Rs. 5,000, or both.

However, even after the death of the husband, the wife's family can be prosecuted for dowry under the Dowry Prohibition Act, 1961. If the wife's family is unable to pay the dowry, they can be imprisoned for up to two years, or fined, or both.

Thus, even though a dead person cannot be prosecuted for a criminal case in India, if the case is related to dowry, then the husband's family can be prosecuted even after the death of the husband.