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        2016 (2) TMI 1338 - HC - Indian Laws

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        Inherited property remains liable for fine and compensation recoverable after the offender's death under criminal law. Fine recovery under Section 421 CrPC and compensation recoverable as a fine under Section 431 CrPC may be enforced against property inherited from a ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Inherited property remains liable for fine and compensation recoverable after the offender's death under criminal law.

                            Fine recovery under Section 421 CrPC and compensation recoverable as a fine under Section 431 CrPC may be enforced against property inherited from a deceased offender. Section 70 IPC preserves the liability notwithstanding the offender's death, and property that passes to legal heirs remains subject to the dues attached to it. As the property had devolved on the legal heir from the deceased accused, the recovery against that property was upheld.




                            Issues: Whether the fine and compensation imposed upon the deceased accused could be recovered from the property inherited by his legal heir.

                            Analysis: The recovery of fine is governed by Section 421 of the Code of Criminal Procedure, 1973, and compensation recoverable under Section 431 of the Code of Criminal Procedure, 1973 is treated as recoverable like a fine. Section 70 of the Indian Penal Code, 1860 further provides that the death of the offender does not extinguish the liability and that property which passes into the hands of legal heirs remains liable for such dues. As the property in question had come to the petitioner from the deceased accused, the liabilities attached to that property continued to subsist.

                            Conclusion: The fine and compensation were lawfully recoverable from the inherited property, and the challenge to the recovery order failed.


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                            ActsIncome Tax
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