Victim U/S 2 (wa) Cr.P.C includes Legal Heirs Who May Continue Criminal Case If Victim Dies: Karnataka High Court

The Karnataka High Court has said that the word ‘victim’ under section 2(wa) of Cr.P.C would include his or her legal heirs and they would have the locus to continue the criminal case in case of victim’s death, before Police files the charge sheet. A single judge bench of Justice M Nagaprasanna said,

 ‘A victim would mean a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression victim includes his or her guardian or legal heir”

It added, “A genuine victim is to be permitted to come on record and the definition of victim as found in section 2 (wa) of the CrPC cannot be rendered a restrictive meaning and has to be liberally construed……The cause (complaint filed by deceased person) continues and the legal heir who has stepped into the shoes of the complainant is entitled to agitate the cause brought up by the complainant.”

Case Title: SCANIA COMMERCIAL VEHICLES INDIA PVT. LTD. AND OTHERS V/s STATE OF KARNATAKA