Abatement of appeals
Section 394 of the Code of Criminal Procedure, 1973 deals with abatement of appeals. Every appeal under section 377 or section 378 shall finally abate on the death of the accused. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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.
CHAP
REFERENCE AND REVISION.
CHAPTER XXX
REFERENCE AND REVISION
Section 394, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 435 Abatement of appeals Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate vs The State of Maharashtra
Court's Decision & Legal Precedent
Legal heirs of a deceased appellant in a criminal appeal may be permitted to continue the appeal by filing an application for condonation of delay and leave to prosecute, provided the delay is reasonably explained and the underlying cause (such as lack of awareness of procedural formalities) is established. The court has discretion under Section 394 CrPC to condone such delay and set aside abatement to permit the legal heirs to pursue the appeal to its logical conclusion.
On this section: Section 394 CrPC governs the procedure for condonation of delay in criminal proceedings. The court applied this section to permit the legal heirs to file the application for leave to prosecute the appeal despite the delay caused by lack of awareness of procedural formalities.
-
Chaladan Nilika Ramchandran vs The State of Maharashtra
Court's Decision & Legal Precedent
Legal representatives of a deceased appellant can be substituted in place of the original appellant in a pending criminal appeal under Section 394 of the Criminal Procedure Code, provided that the death of the original appellant is established through affidavit and the substitution is necessary to ensure continuity of proceedings, particularly where financial stakes are involved.
On this section: Section 394 of Cr.P.C. provides the legal framework for substitution of parties in criminal proceedings. The court applied this section to allow the substitution of legal representatives in place of the deceased appellant, enabling the continuation of the criminal appeal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 394
What have the courts held on Section 394 of the Code of Criminal Procedure?
Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate vs The State of Maharashtra (15 Mar 2017) is the leading judgment on this section among those set out below: Section 394 CrPC governs the procedure for condonation of delay in criminal proceedings. The court applied this section to permit the legal heirs to file the application for leave to prosecute the appeal despite the delay caused by lack of awareness of procedural formalities. Another 1 judgment on this section is set out below. They run from 2013 to 2017.
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: CRPC 394, section 394 CRPC, 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. 2 reported judgments on this section are set out on this page, beginning with Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate vs The State of Maharashtra (15 Mar 2017).
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. For anything done on or after 1 July 2024 the provision to read is BNSS 435 (Abatement of appeals), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 394 of the Code of Criminal Procedure come into force?
Section 394 of the Code of Criminal Procedure, cited as CRPC 394, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.