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BNSS · Section 435 · Chapter XXXI — APPEALS

Abatement of appeals.

What this section does

Appeals under sections 418 or 419 abate finally on the death of the accused. All other appeals under the Chapter (except appeals from a sentence of fine) abate on the death of the appellant, but where the appeal is against a conviction and sentence of death or imprisonment, a near relative may apply within thirty days of the appellant's death for leave to continue the appeal. 'Near relative' is defined to mean a parent, spouse, lineal descendant, brother, or sister.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Appellant · Accused · Near relative · Appellate Court
Time limit
30 days from the death of the appellant for a near relative to apply for leave to continue the appeal
Old-law correspondence

Derived from CrPC s.394.

Read the official text

For the binding statutory text of BNSS Section 435, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 435 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.