CrPC Section 394
Section 394 of the Code of Criminal Procedure (CrPC), India:
⚖️ Section 394 CrPC – Abatement of Appeals
📜 Text of Section 394 CrPC (in simplified terms):
(1) Every appeal under Sections 377 (against sentence) or 378 (against acquittal) shall finally abate on the death of the accused.
(2) In other appeals (like appeals against conviction by the accused), if the appellant dies, the appeal may also abate, but:
The near relatives of the deceased can apply to the court to continue the appeal.
The application must be made within 30 days from the date of death.
✅ Key Points:
If the accused dies, the state’s appeal (under Sections 377 or 378) automatically ends.
If the appellant (accused) dies in other types of appeals:
The court can allow legal heirs or relatives to continue the appeal.
A formal application must be made within 30 days.
The court has the discretion to allow or deny continuation.
🧾 Purpose:
Prevents unnecessary continuation of legal proceedings after the death of a person, unless there's a significant reason (e.g., impact on reputation or civil consequences).
📝 Example:
If a person appeals a conviction and dies during the process:
The appeal doesn’t end automatically.
His spouse, child, or legal heir may apply to continue it (usually to clear his name).
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