A claim for damages arising from malicious prosecution does not survive against the legal heirs of a defendant who dies during the pendency of the trial. Under the long-standing common law maxim actio personalis moritur cum persona (a personal right of action dies with the person), actions for personal torts—such as malicious prosecution and defamation—abate entirely upon the death of either the plaintiff or the defendant.
Legal Provisions Governing Abatement
In India, this common-law principle is statutorily codified under Section 306 of the Indian Succession Act, 1925. The provision explicitly dictates that the right to sue for actionable wrongs—specifically naming defamation, assault, and other personal injuries not causing the death of the party—is extinguished upon the demise of the individual.
Key Principles
- Personal Character of the Tort: The right to seek or be held liable for damages in a malicious prosecution suit is intrinsically tied to the individual’s personal reputation and mental distress.
- Non-Transferability: Because it constitutes a highly personal claim rather than a proprietary one, the liability cannot be transferred to, inherited by, or enforced against the natural heirs or legal representatives of the deceased.
Exceptions to the Rule
While personal injury claims generally abate upon death, specific statutory and equitable exceptions apply:
- Loss to the Estate: Legal representatives can still initiate or continue a suit if they can demonstrate that the tortious act caused actual, tangible pecuniary loss to the deceased’s estate (thereby shifting the nature of the claim from personal to proprietary).
- Statutory Frameworks: Under distinct legislations like the Motor Vehicles Act, exceptions are explicitly carved out by statute. This ensures that a victim’s sudden passing does not absolve the liable party or insurer from compensating the estate for dependency and economic losses.
High Court Precedents
Various Indian High Courts have consistently reaffirmed that a pending suit for malicious prosecution cannot be sustained against the legal heirs of a deceased defendant, declaring that such cases stand abated. Key judicial precedents include:
