If Accused Dies During Pendency Of Appeal & Fine Imposed Is Stayed Or Deposited Before Death, Appeal Will Abate: Punjab & Haryana High Court

Post By 24law
February 19, 2025

Pranav B Prem

The Punjab & Haryana High Court has ruled that a criminal appeal filed by a convict shall abate if the payment of the fine has been stayed by a judicial order before the convict’s death or if the entire fine amount has been deposited with the Court. However, if the fine is neither stayed nor deposited, the appeal shall not abate.

Case Background

A single-judge bench of Justice Anoop Chitkara was hearing two criminal appeals filed by the convicts challenging their convictions and sentences. The appeals had been admitted, sentences suspended, and the payment of fines stayed. However, before the appeals could be finally adjudicated, the appellants passed away. The Court then examined whether the appeals would abate due to the appellants' deaths, considering that their legal representatives had not sought substitution under Section 394(2) CrPC, nor had the appellants deposited the fine amount.

High Court’s Observations

The Court analyzed Section 435 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which is analogous to Section 394 CrPC, 1973, stating: “Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.”

The bench referred to catena of Supreme Court decisions and reiterated: “When a fine is levied upon a conviction, the State's right to recover it is strictly limited to execution against the deceased's estate, ensuring that penal sanctions remain personal and do not extend beyond the life of the offender.” The Court acknowledged the complexity of cases where the execution of the fine was stayed by a judicial order before the appellant's death. It observed that in such instances, the stay continues to operate posthumously, as it cannot be vacated or enforced against a deceased individual who can no longer contest or comply with the order.

Impact on Deposited Fines

A different situation arises when a convict, during their lifetime, voluntarily deposits the fine with the State treasury or the Court. The Court noted: “Once the fine has been remitted, it constitutes a legally concluded transaction, precluding legal heirs from challenging the payment or seeking restitution.”

The Court held that if a convict who has deposited the fine dies during the pendency of their appeal, the deposited amount automatically vests with the State as a valid recovery. In such cases, legal representatives have no claim over it unless they obtain leave from the Court to continue the appeal. Moreover, the Court clarified that since the fine has already been transferred to the State, no further judicial orders are required for its final appropriation, as it is merely an administrative reallocation within governmental accounts.

Legal Challenge in Absence of Stay or Deposit

The Court also addressed situations where a convicted individual, upon whom a fine has been imposed, passes away without having either deposited the amount or securing a stay on its payment. It observed that neither CrPC nor BNSS prescribes a mechanism for issuing notice to the legal representatives of the deceased for fine recovery. The Court stated: “The absence of a statutory mandate for notifying legal heirs thereby upholds the principle that criminal penalties, barring those explicitly permitted by law to survive, should not extend beyond the life of the convict or an accused.” The Court further remarked that issuing a notice to legal heirs could lead to unintended financial burdens and might diminish the deceased's posthumous dignity.

Final Order

The High Court ruled that since, in the present case, the payment of the fine had been stayed before the appellants’ deaths, all the appeals shall stand abated. The appeals were dismissed, and bail bonds were discharged. The Court reiterated: “Given that neither the vesting nor the utilization of the fine imposes any legal burden on the heirs, and they lack locus standi to challenge its disposition absent a pending appeal, the appeal must necessarily abate upon the appellant’s death.”