Substitution of legal heir in criminal prosecution

Substitution of deceased complainant.

Section 256 of Code of Criminal Procedure, 1973 is contained in Chapter XX with the heading “Trial of summons­cases by Magistrates” provides as follows:

“Section 256. Non­ appearance or death of complainant.­(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

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