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May 28, 2017

Abatement in Criminal Law

Abatement in Criminal Law

The word “abate” means to destroy, to quash, to do away with or nullify or lessen or diminish. It also signifies to put an end to, to do away with, to nullify, to make void. The word abatement in law signifies end of proceedings after the death of victim, complainant or accused. In the case of injured person or complainant death of such person does not terminate or accused to abate criminal proceedings once legally instituted.

Supreme Court of Pakistan view on abatement

The incidents of abatement vary form law to law. In several forms of law, once prominent feature of abatement is that the proceedings may be revived at the happening of certain events and the performance of certain conditions so that it might be thought that in such cases, abatement is not a final conclusion, but has the effect of keeping the matter in a state of suspense pending certain developments.

Personal act of person

As far as the personal acts are concerned thy die with the person except where matured into decree or becoming part of estate of deceased.

Whenever abatement is automatic, no party to litigation before any forum other than the newly created once is supposed to wait for final decision of or any instruction by the forum where the cause is already pending.

Abatement of appeal

Every appeal under section 411-A (2) or section 417 shall finally abate on the death of the accused and every other appeal under this chapter shall finally abate on the death of the appellant.

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