'Fine on convict has to be paid by his estate even after his death'

NT Correspondent

Bengaluru: The property of the convict who is dead is legally liable to pay the fine amount imposed on him, the High Court of Karnataka has said. A then 61-year-old man from Channarayapatna in Hassan was sentenced to pay a fine of Rs.29,204 by a local court under the Indian Electricity Act in 2011. He had appealed against it in the High Court and died in 2019 when the case was still pending.

The HC gave its judgment on January 13, 2023 and said, “the property of the appellant which goes to his legal heirs after his death is legally liable for payment of the fine amount.” The HC directed the Trial Court to “initiate proceedings to recover the fine amount imposed on the accused from his estate which is inherited by the legal heirs of the appellant on his death.”

Thotle gowda, from Dandiganahalli village, Hassan had approached the HC with an appeal against the lower court order. The lower court had convicted him under Section 135 and 138 of the Indian Electricity Act for unauthorized use of electricity. While the case was pending his advocate on January 12, 2023 submitted a death certificate stating that Thotlegowda had died on April 6, 2019.

The HC however noted that an appeal from a sentence of fine will not abate on the death of the appellant. It will abate only when he was sentenced to imprisonment. “In the present case the appellant has been sentenced to pay fine only and therefore on the death of the appellant the appeal will not abate.” The advocate also informed the court that his near relatives or legal heirs have not filed any application to continue the appeal.

The HC however said that “Death of the convict does not discharge him from liability from paying fine and compensation imposed by Court and property which goes to his legal heirs after his death is legally liable for the same. As per the proviso to Section 394 of Criminal Procedure Code, near relatives of the appellant, within 30 days of the death of the appellant, apply to the appellate Court for leave to continue the appeal.” Since no relatives had made the application, the HC directed that the fine be recovered from his estate.