Abatement of appeals
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Summary
Most criminal appeals end when the person concerned dies. Appeals under sections 377 and 378 end on the accused's death; other appeals (except those only against a fine) end on the appellant's death. If the appellant dies while appealing a conviction that carries imprisonment or death sentence, a near relative may apply within 30 days for leave to continue; if allowed, the appeal continues.
Example
Ravi is appealing his conviction and a three-year jail sentence. He dies while the appeal is pending. His sister Priya, a near relative, applies to the appellate court within 30 days for leave to continue the appeal. If the court grants leave, the appeal will not end and the proceedings continue.
Bare Act
Enacted text(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.
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