Section 435 BNSS: Abatement of appeals

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 435 BNSS at a Glance

Section 435 BNSS deals with abatement of appeals. It replaced Section 394 CrPC on 1 July 2024.

Was CrPC

Section 394 →

Section 435 BNSS Bare Act Text

(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.

Source: Section 435, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 435 BNSS in Simple Words

Section 435(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that every appeal under Section 418 BNSS or Section 419 BNSS shall finally abate on the death of the accused. Section 435(2) BNSS says that every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.

Its proviso says 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. The Explanation says that near relative means a parent, spouse, lineal descendant, brother or sister.

When Section 435 BNSS Applies

  • Under Section 435(1) BNSS, every appeal under Section 418 BNSS or Section 419 BNSS shall finally abate on the death of the accused.
  • 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.
  • 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.
  • Under the proviso to Section 435(2) BNSS, if leave is granted, the appeal shall not abate.
  • Under the Explanation to Section 435 BNSS, near relative means a parent, spouse, lineal descendant, brother or sister.

Time Limits Under Section 435 BNSS

  • 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”

Example of Section 435 BNSS

Suresh appeals against a conviction and sentence of imprisonment and dies during the pendency of the appeal. Under Section 435(2) BNSS, an appeal other than one from a sentence of fine shall finally abate on the death of the appellant. Under the proviso to Section 435(2) BNSS, Kavita, who is the spouse of Suresh and so a near relative under the Explanation, may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal. If leave is granted, the appeal shall not abate.

When Section 435 BNSS Does Not Apply

  • Section 435 BNSS speaks of the abatement of appeals. It does not deal with the finality of judgments and orders on appeal, the subject of Section 434 BNSS.
  • Section 435 BNSS speaks of the abatement of appeals. It does not deal with reference to the High Court, the subject of Section 436 BNSS.

Section 435 BNSS in the CrPC (Previous Law)

Section 435 BNSS replaced Section 394 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 435 BNSS

What does Section 435(1) BNSS say about an appeal under Section 418 BNSS or Section 419 BNSS?▼

Section 435(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that every appeal under Section 418 BNSS or Section 419 BNSS shall finally abate on the death of the accused.

What does Section 435(2) BNSS say about every other appeal?▼

Section 435(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that every other appeal under the Chapter, except an appeal from a sentence of fine, shall finally abate on the death of the appellant.

What does the proviso to Section 435(2) BNSS say about near relatives?▼

The proviso to Section 435(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 says 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. The Explanation says that near relative means a parent, spouse, lineal descendant, brother or sister.

What changed from Section 394 CrPC to Section 435 BNSS from 1 July 2024?▼

From 1 July 2024, Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 394 of the Code of Criminal Procedure, 1973. Section 435 BNSS has 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 394(1) CrPC is found in Section 435(1) BNSS and Section 394(2) CrPC in Section 435(2) BNSS.

Section 435 BNSS: Sub-sections Explained

Section 435(1) BNSS: Abatement of appeals

▶

Bare Act Text

(1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused.

Previous Law

CrPC 394 → Section 435(1) BNSS

Section 435(2) BNSS: Abatement of appeals

▶

Bare Act Text

(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.

Previous Law

CrPC 394(2) → Section 435(2) BNSS

Have questions about Section 435 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·