Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 435
Abatement of appeals
In one line
BNSS Section 435 deals with abatement of appeals and replaces CrPC 394.
Bare act text — BNSS 435
435. Abatement of appeals.
(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.
Frequently asked
What was BNSS Section 435 in the CrPC?
BNSS Section 435 (Abatement of appeals) replaces Section 394 of the Code of Criminal Procedure, 1973. CrPC 394 is now BNSS 435.
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Nearby BNSS sections
- BNSS 430 — Suspension of sentence pending appeal; release of appellant on bail
- BNSS 431 — Arrest of accused in appeal from acquittal
- BNSS 432 — Appellate Court may take further evidence or direct it to be taken
- BNSS 433 — Procedure where Judges of Court of appeal are equally divided
- BNSS 434 — Finality of judgments and orders on appeal
- BNSS 436 — Reference to High Court
- BNSS 437 — Disposal of case according to decision of High Court
- BNSS 438 — Calling for records to exercise powers of revision
- BNSS 439 — Power to order inquiry
- BNSS 440 — Sessions Judge's powers of revision