In a recent ruling, the Punjab and Haryana High Court addressed the legal implications arising when an appellant passes away during the pendency of an appeal. The court emphasized that the death of an appellant renders any existing Power of Attorney (POA) inoperative. Consequently, if the legal representatives (LRs) of the deceased fail to seek the court's permission to continue the appeal, the court cannot appoint legal aid counsel on behalf of the deceased appellant.
Case Background
The court was deliberating on two appeals in which the appellants had been granted a stay on the payment of fines. During the pendency of these appeals, both appellants passed away. The central issue before the court was whether, in the absence of any action by the LRs to continue the appeal, the court could appoint legal aid counsel to represent the deceased appellants.
Legal Analysis
The court observed that upon the death of an appellant, any POA granted becomes legally inoperative and invalid. This is grounded in the fundamental legal principle that only a living person has the capacity to confer authority upon another to act on their behalf. The court stated:
"In the present case, the issue is not that the appellant had failed to engage a legal counsel or the counsel was not putting in appearances; rather, the appellant's demise would have rendered the power of attorney legally inoperative and invalid."
Further, the court highlighted the Latin maxim Actio Personalis Moritur Cum Persona, which means a personal cause of action extinguishes with the person. While this principle is not absolute—certain legal claims, especially those related to proprietary interests or liabilities against the deceased's estate, may survive—the court noted that criminal proceedings do not fall into this category.
Statutory Framework
The court referred to the Code of Criminal Procedure, 1973 (CrPC), and its successor, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), pointing out that neither contains provisions mandating the continuation of criminal proceedings against a deceased individual. The court elaborated:
"Under these procedural frameworks, all pending appeals, except those challenging a sentence of a fine, abate upon the appellant's death."
However, in cases where a conviction has been recorded, certain close relatives—such as a parent, spouse, lineal descendant, brother, or sister—may seek the court's leave to continue the appeal, thereby protecting the posthumous legal interests and reputation of the deceased.
Conclusion
In the cases at hand, since the payment of fines had been stayed during the appellants' lifetimes, the court concluded that the appeals abated upon their deaths. The court underscored that in the absence of any initiative by the LRs to continue the appeal, appointing legal aid counsel for the deceased would be legally untenable. This ruling clarifies the procedural course of action in criminal appeals when an appellant dies, emphasizing the necessity for LRs to proactively seek continuation if they wish to pursue the matter further.
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