Supreme Court

SCReiterates Pleader’s Mandatory Obligation to Report Client’s Death: Order XXII Rule 10A CPC accorded Priority over Formalities

In Binod Pathak & Ors. Vs. Shankar Choudhary & Ors., the Supreme Court emphasized the statutory obligation of the pleaders under Order XXII Rule 10A CPC to report the death of a client. It held that defaults of procedure should never defeat substantive justice, particularly such defaults resulting from mala fide silence. Revoking the order of the Patna High Court, the Court held that no one shall profit from their own iniquity, upholding fairness and moral legal practices.

CRIMINAL LAW

Can Legal Heirs Continue Criminal Proceedings After the Complainant’s Death?

This discussion explores whether legal successors can pursue criminal cases after the death of a complainant according to Indian law, with reference to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Criminal cases are generally personal and die with death, but exceptions are made in certain offences like defamation under Section 222 where successors can carry on if authorized by law. Based on judicial precedents and BNSS provisions, this research assesses the scope, limitations, and procedural intricacies, providing insight into the convergence of succession and criminal justice in India’s contemporary legal landscape.