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.
Abating appeal after death of revisionist
My late father worked as an independent director for a company. A criminal case was filed against this company and all its directors under Companies Act violation. This case is still at the appearance stage in the magistrate court at Tis Hazari, Delhi. In 2019, my father filed an appeal in the revision court at Tis Hazari - for quashing the summoning order against him in the above mentioned case. This appeal is at arguments stage in the revision court. My father expired in Feb 2021. My father's lawyer too has changed the city. So on date of hearing in the revision court, I went on behalf of my late father and informed the Additional Sessions Judge about my father's death and requested him to dispose off the appeal because the magistrate court would automatically abate the proceedings against my late father - so there is no relevance of the appeal. But the judge asked me to file application under appropriate section of CrPC for the same. He said that he would then consider whether abatement is possible. Under what section of CrPC should an application be filed to abate this appeal in revision court?
Asked 2 years ago in Criminal Law
Religion: Hindu
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12 Answers
You would have to get the advocate on record to make an application under Section 394 of CrPC to abate the appeal and it is only then the magistrate would have the power to do so.
Dear Client,
According to the section 394 of CrPC, appeals are finally abated on the death of the accused except an appeal from a sentence of fine.
Thank you.
No need to cite a section, just file an application for abatement due to the death. Court will abate the same
Your application needs to be filed under Sec-394 (1) of the CrPC 1973. Please engage a lawyer and file the application for abatement.
- The application should be move under section 394 of CrPc with death certificate for abatement .
- However , since this is a criminal case , then on the death of your father , the offence will be dropped against him.
The ultimate object of the criminal proceedings is to punish the accused on his conviction of any offence.
Therefore the criminal proceedings abate on the death of the accused as their continuation thereafter will be infructuous and meaningless
The position being self evident the code has not made any specific provision in this regard.
Thanks for your valuable answers. I am really sorry - I wasn't aware that criminal appeal and criminal revision are different. Actually my late father filed a Criminal Revision and not an appeal. Under what section of CrPC can a criminal revision be abated after death of revisionist? Because I think Sec 394 is meant for appeals only.
Asked 2 years ago
there is no express provision in the Code for dismissal of the revision application as abated on the death of the applicant.
There is no specific provision in the criminal procedure of law for abatement on death of the accused
If the petitioner in a criminal revision is reported to have died then the revision petition becomes infructuous.
It cannot be pursued by the LRs of the deceased accused.
In my view the Section applies to revision petitions as well.
397 crpc
Dear Client,
Since there is no specific provision relating to the revision sections 377 and 378 will serve your cause.
Thank you