Abatement of appeals
Chapter 31: Appeals
(1) Every appeal under section 418 or section 419 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.
The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 429Order of High Court on appeal to be certified to lower CourtCrPC 388
- 430Suspension of sentence pending appeal; release of appellant on bailCrPC 389
- 431Arrest of accused in appeal from acquittalCrPC 390
- 432Appellate Court may take further evidence or direct it to be takenCrPC 391
- 433Procedure where Judges of Court of appeal are equally dividedCrPC 392
- 434Finality of judgments and orders on appealCrPC 393