CrPC Section 394: Abatement of appeals
Code of Criminal Procedure, 1973 · Chapter 29: Appeals
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
¶ 394. Abatement of appeals.- (1) Every 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.
Study: explanations and related material
Now BNSS 435 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p21
Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 372. No appeal to lie unless otherwise provided
- 373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 374. Appeals from convictions
- 375. No appeal in certain cases when accused pleads guilty
- 376. No appeal in petty cases
- 377. Appeal by the State Government against sentence
- 378. Appeal in case of acquittal
- 379. Appeal against conviction by High Court in certain cases
- 380. Special right of appeal in certain cases
- 381. Appeal to Court of Session how heard
- 382. Petition of appeal
- 383. Procedure when appellant in jail
- 384. Summary dismissal of appeal
- 385. Procedure for hearing appeals not dismissed summarily
- 386. Powers of the Appellate Court
- 387. Judgments of subordinate Appellate Court
- 388. Order of High Court on appeal to be certified to lower Court
- 389. Suspension of sentence pending the appeal; release of appellant on bail
- 390. Arrest of accused in appeal from acquittal
- 391. Appellate Court may take further evidence or direct it to be taken
- 392. Procedure where Judges of Court of appeal are equally divided
- 393. Finality of judgments and orders on appeal