CrPC Section 394 — Abatement of appeals

CHAPTER XXIX APPEALS

General

Official 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.

Sections referred to

Referred to by

Related Judgments

  • STATE OF ANDHRA PRADESH vs S. NARASIMHA KUMAR AND ORS — Supreme Court of India (2006)
  • LAKSHMI SHANKAR SRIVASTAVA vs STATE (DELHI ADMINISTRATION) — Supreme Court of India (1978)
  • YERUVA SAYIREDDY vs THE STATE OF ANDHRA PRADESH & ANR — Supreme Court of India (2022)
  • Mr. Faraz Maqbool (DHCLSC) with; Ms.; Sahilya; Veena; and; Ms.; Deepsh vs STATE NCT OF DELHI — Delhi High Court (2025)
  • Choksi Tube Company Ltd. & anr. vs The State of Maharashtra & anr — Bombay High Court (Mumbai Principal Seat) (2014)

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