CrPC · Code of Criminal Procedure, 1973

Section 394 CrPC

Abatement of appeals

Procedure & effect

Every appeal under section 377 or section 378 shall finally abate on the death of the accused.
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.

← Sec. 393 All sections Sec. 395 →

FAQ — Section 394 CrPC

Section 394 of the Code of Criminal Procedure, 1973 (CrPC) deals with “Abatement of appeals”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

Every appeal under section 377 or section 378 shall finally abate on the death of the accused. 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 le

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.