Section 394 CrPC: Abatement of appeals

Code of Criminal Procedure, 1973

Section 394 CrPC at a Glance

Section 394 CrPC deals with abatement of appeals. From 1 July 2024 it is replaced by Section 435 BNSS.

Now BNSS

Section 435 →

What Section 394 CrPC Says

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.

Source: Section 394, Code of Criminal Procedure, 1973

Section 394 CrPC in Simple Words

Section 394(1) of the Code of Criminal Procedure, 1973 says that every appeal under Section 377 CrPC or Section 378 CrPC shall finally abate on the death of the accused. Section 394(2) CrPC says that every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.

Its proviso says 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. The Explanation says that near relative means a parent, spouse, lineal descendant, brother or sister.

When Section 394 CrPC Applies

  • Under Section 394(1) CrPC, every appeal under Section 377 CrPC or Section 378 CrPC shall finally abate on the death of the accused.
  • Under Section 394(2) CrPC, every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.
  • Under the proviso to Section 394(2) CrPC, 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 apply to the Appellate Court for leave to continue the appeal.
  • Under the proviso to Section 394(2) CrPC, if leave is granted, the appeal shall not abate.
  • Under the Explanation to Section 394 CrPC, near relative means a parent, spouse, lineal descendant, brother or sister.

Time Limits Under Section 394 CrPC

  • Under the proviso to Section 394(2) CrPC, any of the near relatives of the appellant may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal.Act text: “within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal”

Example of Section 394 CrPC

Ramesh appeals against a conviction and sentence of imprisonment and dies during the pendency of the appeal. Under Section 394(2) CrPC, an appeal other than one from a sentence of fine shall finally abate on the death of the appellant. Under the proviso to Section 394(2) CrPC, Meena, who is the spouse of Ramesh and so a near relative under the Explanation, may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal. If leave is granted, the appeal shall not abate.

When Section 394 CrPC Does Not Apply

  • Section 394 CrPC speaks of the abatement of appeals. It does not deal with the finality of judgments and orders on appeal, the subject of Section 393 CrPC.
  • Section 394 CrPC speaks of the abatement of appeals. It does not deal with reference to the High Court, the subject of Section 395 CrPC.

Section 394 CrPC Under BNSS 435: What Changed

Section 394 CrPC is now covered under Section 435 BNSS.

From 1 July 2024, Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 394 of the Code of Criminal Procedure, 1973, with the same heading. Section 435(1) BNSS refers to Section 418 BNSS and Section 419 BNSS where Section 394(1) CrPC referred to Section 377 CrPC and Section 378 CrPC. Section 435(2) BNSS, its proviso and its Explanation are in the same words as Section 394(2) CrPC, its proviso and its Explanation.

View detailed comparison (CrPC 394 vs BNSS 435) →

FAQs on Section 394 CrPC

What does Section 394(1) CrPC say about an appeal under Section 377 CrPC or Section 378 CrPC?▼

Section 394(1) of the Code of Criminal Procedure, 1973 says that every appeal under Section 377 CrPC or Section 378 CrPC shall finally abate on the death of the accused.

What does Section 394(2) CrPC say about every other appeal?▼

Section 394(2) of the Code of Criminal Procedure, 1973 says that every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.

What does the proviso to Section 394(2) CrPC say about near relatives?▼

The proviso to Section 394(2) of the Code of Criminal Procedure, 1973 says 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. The Explanation says that near relative means a parent, spouse, lineal descendant, brother or sister.

Where is Section 394 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 394(1) of the Code of Criminal Procedure, 1973 is found in Section 435(1) BNSS and Section 394(2) CrPC in Section 435(2) BNSS. The proviso to Section 394(2) CrPC is found in the proviso to Section 435(2) BNSS and the Explanation to Section 394 CrPC in the Explanation to Section 435 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·