MCQs ON ABATEMENT OF CRIMINAL APPEAL (Section 394)

Questions (Answer in Bold)

1. Section 394 of the Cr.P.C deals with_________on the death of the accused or the appellant?

• (a) Abatement of appeal
• (b) Finality of judgment
• (c) Arrest of accused in appeal from acquittal
• (d) None

2. An appeal abates on the death of the accused in cases under Sections___and _____ ?

• (a) Section 377
• (b) Section 378
• (c) Both (a) & (b)
• (d) Appeal does not abate on death of the accused

3. Section 377 deals with—

• (a) Appeal on the ground of inadequacy of sentence
• (b) Appeal in case of acquittal
• (c) Summary dismissal of appeal
• (d) Abatement of appeal

4. Section 378 deals with—

• (a) Appeal on the ground of inadequacy of sentence
• (b) Appeal in case of acquittal
• (c) Summary dismissal of appeal
• (d) Abatement of appeal

5. Any appeal under Section 377 and 378 abates on the death of the—

• (a) Accused
• (b) Appellant
• (c) Accused and Appellant both.
• (d) Appeal does not abate

6. Any appeal, except appeal under Sections 377 and 377, abates on the death of the—

• (a) Accused
• (b) Appellant
• (c) Accused and Appellant both
• (d) Appeal does not abate

7. Section____of Cr.P.C. provides that even in case of death of the appellant, the appeal may be continued by his near relatives if the conviction has been made for the offence punishable with ____?

• (a) Proviso to Section 394(2); death sentence or imprisonment
• (b) Section 394; death sentence or imprisonment
• (c) Section 393; lifer or fine
• (d) Appeal can not be continued in any circumstances.

8. The near relatives of the Appellant may file application within the period of ______ day to the Appellate Court for continuance of appeal after the death of the Appellant—

• (a) 15 days
• (b) 30 days
• (c) One month
• (d) Two months

9. The term “near relatives” under Section 394 includes—

• (a) Parent/ spouse
• (b) Parent/ spouse/ lineal descendant
• (c) Parent/ spouse/ lineal descendant/ brother
• (d) Parent/ spouse/ lineal descendant/ brother/ sister