Substitution of Heir in Criminal Proceedings Upon the Death of the Injured Party During Appeal
Title: Procedural Substitution Upon Death of the Injured Party in a Pending Criminal Appeal
Mr. Swing and Ms. Ladda cohabited as husband and wife without marriage registration and had one 12-year-old son. Ms. Ladda was assaulted by Mr. Sawai and authorized Mr. Swing to institute proceedings on her behalf.
While the case was pending on appeal, Ms. Ladda passed away. In such circumstances, a petition must be filed requesting the court to substitute the deceased party with her heir, namely the minor son. Mr. Swing, as the person exercising parental authority over the child, may act on the minor’s behalf in the proceedings.
Pursuant to Section 29 of the Criminal Procedure Code, where an injured person dies during proceedings, the right to continue the case devolves upon the heir, who may pursue the action within the procedural framework of the pending appeal.