(1) Every other 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.
Code of Criminal Procedure (CrPC)
391 CrPC Appellate Court may take further evidence or direct it to be taken
392 CrPC Procedure where Judges of Court of Appeal are equally divided
393 CrPC Finality of judgments and orders on appeal
395 CrPC Reference to High Court
396 CrPC Disposal of case according to decision of High Court
397 CrPC Calling for records to exercise powers of revision
398 CrPC Power to order inquiry