CrPC Sections 392, 393 and 394: Divided Appellate Bench, Finality and Abatement of Appeals

Section 392 CrPC: Procedure where Judges of Court of Appeal are equally divided

What the provision means: Section 392 applies when a High Court appeal is heard by a Bench of Judges who differ in opinion. The appeal, together with their opinions, is then placed before another Judge of the same High Court. After such hearing as that Judge considers fit, the Judge gives an opinion and the judgment or order follows that opinion.

The proviso creates an alternative where a larger Bench is considered necessary. If one of the Judges constituting the original Bench, or the Judge before whom the matter is subsequently placed, so requires, the appeal must be reheard and decided by a larger Bench.

In practical terms, Section 392 prevents an appellate proceeding from remaining unresolved merely because the Judges on the Bench are equally divided.

Section 393 CrPC: Finality of judgments and orders on appeal

What the provision means: Section 393 states the general rule that judgments and orders passed by an Appellate Court upon an appeal are final. The rule is expressly subject to the cases provided in Sections 377 and 378, Section 384(4), and Chapter XXX of the CrPC.

The proviso further clarifies that final disposal of an appeal against conviction does not prevent the Appellate Court from subsequently hearing and deciding on merits an appeal against acquittal under Section 378 arising from the same case, or an appeal for enhancement of sentence under Section 377 arising from the same case.

Accordingly, the expression "finality" in Section 393 operates subject to the statutory exceptions written into the Code.

Section 394 CrPC: Abatement of appeals

Abatement means that the appeal comes to an end by operation of law because of the death specified in the provision, subject to the statutory exceptions.

Appeals under Sections 377 and 378

Under Section 394(1), every appeal under Section 377 or Section 378 finally abates on the death of the accused.

Other criminal appeals

Under Section 394(2), every other appeal under Chapter XXIX, except an appeal from a sentence of fine, finally abates on the death of the appellant.

Continuation by a near relative

Where an appeal is against a conviction and a sentence of death or imprisonment and the appellant dies while the appeal is pending, a near relative may, within thirty days from the appellant's death, apply to the Appellate Court for leave to continue the appeal. If leave is granted, the appeal does not abate.

For this section, a near relative means a parent, spouse, lineal descendant, brother or sister.