Victim's Rights Expand: SC Allows Heirs to Pursue Cases
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In a landmark ruling, the Supreme Court has widened the definition of a 'victim' in criminal law, enabling children or legal heirs of deceased individuals to continue pursuing cases and assist courts in reviewing orders that harm their interests. The court ruled that criminal revision proceedings do not automatically stop upon a person's death, particularly when an informant or complainant continues to pursue the case. The bench of justices Sanjay Karol and Manoj Misra emphasized that revisional courts should follow Section 2(wa) of the Code of Criminal Procedure, which defines a victim as someone who has suffered a loss or injury, including a guardian or legal heir. This decision strengthens victim participation in the criminal justice system, clarifies that revisions do not mechanically abate on death, and prioritizes substantive justice over procedural technicalities. The ruling came in response to appeals filed by Syed Shahnawaz Ali, whose father initiated proceedings against an accused who allegedly fabricated a sale deed to claim property. After the trial court discharged the accused of several serious offenses, the father appealed to the Madhya Pradesh High Court, but passed away during the pendency of the revision. The high court initially held that the revision had abated due to the father's death. However, the Supreme Court set aside the high court's orders, allowing the son to assist the court as a victim and direct the high court to expedite the decision. The court clarified that while there is no provision for automatic substitution, revisional courts have the discretion to permit a legal heir or victim to assist in proceedings, especially where they have a direct and inheritable interest in the dispute.
