Section 133: Dismissal of cases on death

1) Notwithstanding anything contained elsewhere in this Act, if the accused or defendant of any case dies, the court shall dismiss such case.

Provided that if there are more than one accused or defendant, the case shall not be dismissed even on the death of any one accused.

2) Notwithstanding anything contained in sub-section (1), despite the death of the accused or defendant in a case involving the claimed amount, the court may decide to set the claimed amount upon examining the evidence included in the casefile and such other evidence as the court finds necessary to examine.

3) If, despite the death of any complainant in any case referred to in sub-section (2), the successor to such complainant appears to accept and continue the case within thirty days of his or her death, the court may decide as to whether or not compensation should be awarded by examining the evidence contained in the case file and any other evidence required to be examined.

4) In the event of the death of a party making appeal, or petition for review or revision or of a person who was originally convicted of the offence in such case, the case subject to such appeal, review or revision petition shall abate.

Provided that:

(a) In the event of the death of any one of the same parties, the case shall not abate without trying the case in respect of the other persons,

(b) In respect of a case involving any claimed amount, the successor may, if he or she so wishes, take over the case within thirty-five days from the date of receipt of information.