CrPC 394→BNSS 435

CrPC 394 to BNSS 435: Abatement of appeals

Section 394 CrPC (1973) replaced by Section 435 BNSS (2023)

View CrPC Section 394 →View BNSS Section 435 →

CrPC 394 to BNSS 435 at a Glance

Section 394 CrPC (Abatement of appeals) is now Section 435 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 394 to BNSS 435?

From 1 July 2024, Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 394 of the Code of Criminal Procedure, 1973, with the same heading. Section 435(1) BNSS refers to Section 418 BNSS and Section 419 BNSS where Section 394(1) CrPC referred to Section 377 CrPC and Section 378 CrPC. Section 435(2) BNSS, its proviso and its Explanation are in the same words as Section 394(2) CrPC, its proviso and its Explanation.

CrPC 394 vs BNSS 435: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section394435
HeadingAbatement of appealsSame
Sub-sections2 sub-sectionsSame
Cross-referencess.377s.418

CrPC 394 and BNSS 435: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 394, CrPC 1973

394. Abatement of appeals.—(1) Every appeal under section 377 or section 378 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.
BNSS 2023 (in force)

Section 435, BNSS 2023

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.

When It Applies: CrPC 394 vs BNSS 435

Under CrPC 394
  1. Under Section 394(1) CrPC, every appeal under Section 377 CrPC or Section 378 CrPC shall finally abate on the death of the accused.
  2. Under Section 394(2) CrPC, every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.
  3. Under the proviso to Section 394(2) CrPC, 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 apply to the Appellate Court for leave to continue the appeal.
  4. Under the proviso to Section 394(2) CrPC, if leave is granted, the appeal shall not abate.
  5. Under the Explanation to Section 394 CrPC, near relative means a parent, spouse, lineal descendant, brother or sister.
Under BNSS 435
  1. Under Section 435(1) BNSS, every appeal under Section 418 BNSS or Section 419 BNSS shall finally abate on the death of the accused.
  2. Under Section 435(2) BNSS, every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.
  3. Under the proviso to Section 435(2) BNSS, 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 apply to the Appellate Court for leave to continue the appeal.
  4. Under the proviso to Section 435(2) BNSS, if leave is granted, the appeal shall not abate.
  5. Under the Explanation to Section 435 BNSS, near relative means a parent, spouse, lineal descendant, brother or sister.

Time Limits: CrPC 394 to BNSS 435

Under CrPC 394
  • Under the proviso to Section 394(2) CrPC, any of the near relatives of the appellant may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal.Act text: “within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal”
Under BNSS 435
  • Under the proviso to Section 435(2) BNSS, any of the near relatives of the appellant may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal.Act text: “within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal”

What CrPC 394 to BNSS 435 Means in Practice

From 1 July 2024, the text on the abatement of appeals is found in Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 394 of the Code of Criminal Procedure, 1973. Section 435(1) BNSS names Section 418 BNSS and Section 419 BNSS where Section 394(1) CrPC named Section 377 CrPC and Section 378 CrPC.

FAQs: CrPC 394 to BNSS 435

Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 394 CrPC?▼

From 1 July 2024, Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 394 of the Code of Criminal Procedure, 1973. Both carry the heading Abatement of appeals.

How does Section 435(1) BNSS differ from Section 394(1) CrPC?▼

Section 394(1) of the Code of Criminal Procedure, 1973 reads Every appeal under section 377 or section 378 shall finally abate on the death of the accused. Section 435(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads Every appeal under section 418 or section 419 shall finally abate on the death of the accused.

Is Section 435(2) BNSS in the same words as Section 394(2) CrPC?▼

Yes. Section 435(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 394(2) of the Code of Criminal Procedure, 1973 both say that every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant. The proviso and the Explanation are also in the same words in both.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·