Section394

Code of Criminal Procedure, 1973

Abatement of appeals

Repealed Act 2 of 1974 As on 17 Oct 2026

Read from the scanned gazette. India Code publishes no text for this Act, so the text below was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Act 2 of 1974 Cited by 1 provision

This is a second copy of a Central Act. India Code files it on Tripura's shelf as well as under Parliament, and the text is the same enactment. Read it at The Code of Criminal Procedure, 1973, which is the record this site keeps current.

Read from the scanned gazette. India Code publishes no text for this Act, so this text was read from the Government's own scan by machine and split into sections by its numbering. It has not been checked against the page word by word. Where it matters, read the scan. Read the scan.

Section 394 of Code of Criminal Procedure, 1973 deals with abatement of appeals. Every other appeal under section 377 or section 378 shall finally abate on the death of the accused.

(1) Every other 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. CHAPTER XXX REFERENCE AND REVISION
Section 394, Code of Criminal Procedure, 1973 (Act 2 of 1974).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Referred to by 1

s. 82 Proclamation for person absconding

Questions about Section 394

What does Section 394 of the Code of Criminal Procedure deal with?

Section 394 of the Code of Criminal Procedure is headed "Abatement of appeals". Every other appeal under section 377 or section 378 shall finally abate on the death of the accused.

How do I find court cases under Section 394 of the Code of Criminal Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Code Criminal Procedure 1973 394, section 394 Code Criminal Procedure 1973, section 394 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 394 of the Code of Criminal Procedure, and has it changed?

Its own text turns on section 377 (Appeal by the State Government against sentence), section 378 (Appeal in case of acquittal), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When was the Code of Criminal Procedure enacted?

Code of Criminal Procedure was enacted in 1974 as Act 2 of 1974. India Code records no commencement date for it. It is no longer in force.

Other sections of this Act

484. Repeal and savings25668 words
320. Compounding of offences1341 words
164. Recording of confessions and statements1157 words
167. Procedure when investigation cannot be completed in twenty-four hours1101 words
437. When bail may be taken in case of non-bailable offence999 words
220. Trial for more than one offence959 words

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/65ae197e-06e1-4b83-a2c4-79fffb837967.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/3476c537-83fa-4339-9917-27dac92cae0d/content). This page is not a substitute for legal advice.