CrPC 394 — Abatement of appeals

Code of Criminal Procedure, 1973

Statutory text

(1) Every other appeal under section 377 or section 378 shall finally abate on the death of the accused.
(2) Every other appeal under this Chapter (except an appeal from a  sentence of fine) shall finally abate on the
death of the appellant:
Provided  that  where  the  appeal  is  against  a  conviction  and  sentence  of  death  or  of  imprisonment,  and  the
appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the
appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.
Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or sister.

Back to CrPC