CrPC § 394 · Code of Criminal Procedure, 1973 · Repealed on 1 July 2024
Section 394 CrPC — Abatement of appeals
Replaced from 1 July 2024 by BNSS 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Offences committed on or before 30 June 2024 are still charged under the CrPC.
The law now: BNSS 435 — Abatement of appeals
(1) Every appeal under section 418 or section 419 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.
Source: India Code (indiacode.gov.in). The Gazette of India is the authoritative text. BNSS 435 in full