BNSS Section 435: Abatement of appeals
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 31: Appeals
Also available in: हिंदी
¶435.
(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.
Study: explanations and related material
Replaces CrPC 394. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 413. No appeal to lie unless otherwise provided
- 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
- 415. Appeals from convictions
- 416. No appeal in certain cases when accused pleads guilty
- 417. No appeal in petty cases
- 418. Appeal by State Government against sentence
- 419. Appeal in case of acquittal
- 420. Appeal against conviction by High Court in certain cases
- 421. Special right of appeal in certain cases
- 422. Appeal to Court of Session how heard
- 423. Petition of appeal
- 424. Procedure when appellant in jail
- 425. Summary dismissal of appeal
- 426. Procedure for hearing appeals not dismissed summarily
- 427. Powers of Appellate Court
- 428. Judgments of subordinate Appellate Court
- 429. Order of High Court on appeal to be certified to lower Court
- 430. Suspension of sentence pending appeal; release of appellant on bail
- 431. Arrest of accused in appeal from acquittal
- 432. Appellate Court may take further evidence or direct it to be taken
- 433. Procedure where Judges of Court of appeal are equally divided
- 434. Finality of judgments and orders on appeal