Abatement of appeals
AI Assist
Summary
Appeals specified in the earlier provisions (including those under sections 418 and 419) end automatically if the accused dies. Other appeals under this Chapter (except appeals only against a fine) end on the death of the appellant. If the appellant dies while appealing a conviction and sentence of death or imprisonment, a near relative may apply within 30 days to the Appellate Court for leave to continue the appeal; if leave is granted the appeal does not abate.
Example
Ravi is convicted and sentenced to five years and files an appeal. He dies while the appeal is pending. Ravi's sister applies within 30 days to the Appellate Court for leave to continue the appeal; if the court grants leave the appeal will continue, otherwise it will abate.
Bare Act
Enacted text(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.
Previous year papers
Pick your exam. we'll email the most recent paper.