QUESTIONS ON ABATEMENT OF CRIMINAL APPEALS

14 Questions on abatement of criminal appeal

(Section 394 Cr.P.C. = Section 431 of the old Code)  

Section 394 in The Code Of Criminal Procedure, 1973

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.

Q1. Which are the type of appeals covered by sub-section (1) of Section 394 Cr.P.C. ?

Q2. When does an appeal filed under Section 377 or under Section 378 Cr.P.C. abate ?

Q3. Will the appeals under Section 377 or under Section 378 Cr.P.C. abate on the death of the appellant ?

Q4. The expression “every other appeal under this Chapter” (Chapter XXIX) takes in which all appeals ?

Q5. Which are all the appeals covered by the sweep of the abatement under sub-section (2) to Section 394 Cr.P.C.?

Q6. Will an appeal under Section 374 Cr.P.C. against a sentence of fine only, abate on the death of the appellant ?

Q7. Can anybody prosecute an appeal against a sentence of fine only upon the death of the appellant ? 

Q8. Is there any time - limit for the LRs to prosecute such an

appeal ?

Q9. What could be the reasonable time within which the LRs can seek leave to prosecute such an appeal ?

Q10. Supposing the LRs do not seek leave to prosecute the appeal within a reasonable time of the death of the appellant, what is the course open to the Appellate Court ?

Q11. What is the logic behind the LRs of the deceased appellant being permitted to continue the appeal against a sentence of fine ?

Q12. In the absence of the LRs of the deceased appellant seeking leave to prosecute the appeal within 30 days of the death of the appellant, is it not obligatory on the part of the

Appellate Court to consign the appeal to the records room and wait for the LRs to come up with a petition to prosecute the appeal ?

Q13. Does an appeal from a composite sentence of imprisonment and fine abate ? 

Q14. Is it permissible for the “near relatives” to apply for leave to continue the appeal beyond the 30 days fixed by the proviso to Section 394 Cr.P.C. ?