Legal heir of deceased convict liable to pay fine : High Court

The Bombay High Court has held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the properties left behind by them. While delivering the judgement, Justice Shalini Phansalkar Joshi observed that death of a convict does not discharge him from the liability of paying fine and compensation imposed by court, and the amount can be recovered from the properties left behind by the deceased. 

The judge recently dismissed a petition, seeking relief from paying fines. The petitioner, a widow of the convict, prayed that she cannot be compelled to pay the fine and compensation imposed by a court on her husband as she was merely a legal heir of a dead convict. 

The High Court, however, rejected her plea saying if a convict fails to pay the fine under the provisions of CrPc, the amount can be recovered from his properties.



The judge ruled that the properties of the convict were now in the custody of his widow and all these came to her along with the liabilities of her deceased husband. 

The petitioner's husband, was convicted by a magistrate in Srivardhan (Maharashtra) for not honouring a cheque issued by him to a local businessman in 2006. The trial court had ordered him to pay 25 thousand Rupees fine to the state government and 2.85 lakhs rupees to the victim. 

The convict had challenged the order in a higher court and during pendency of the appeal, he passed away. The victim, however, approached the trial court for recovery of compensation and the magistrate in December last year ordered convict's widow to pay the amount. She moved the Bombay High Court by challenging the magistrate's order who had asked her to pay the fine and compensation from the estate of her deceased husband.