Tue. Oct 27th, 2020

Section 394 Abatement of Appeals

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Section 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 if 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.

                                                                                                COMMENTS

Unsatisfactory explaination given for delay e.g ignorance of Legal representatives regarding substitution application and consequential failure to inform counsel regarding death of accused are without substance,so appeal abated ;Hiraprasad Chhapolia v. Union of India ,(2008) 7 SCC 690

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