Section 435 BNSS: Abatement of appeals (Formerly Section 394 CrPC)

Section 435 of Bharatiya Nagarik Suraksha Sanhita, 2023: Abatement of appeals

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 435

Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 394 of the CrPC, 1973) governs the abatement of criminal appeals upon the death of the appellant or accused, with vital exceptions for appeals against fines and near relatives' continuance.

General Rule of Abatement: Every appeal against acquittal under Section 419 and every other appeal under Chapter XXX (except an appeal from a sentence of fine) shall finally abate on the death of the appellant.
Survival of Sentence of Fine: An appeal against a sentence of fine does not abate on the death of the appellant, as fine liability affects the estate and legal heirs.
Right of Near Relatives to Continue: Where the appeal is against a conviction and sentence of death or imprisonment, any near relative (spouse, parent, child, sibling) may apply within thirty days for leave to continue the appeal.

Key Landmark Precedents:

Bondada Gajapathi Rao v. State of A.P., AIR 1964 SC 1645: The Supreme Court held that near relatives have an intense moral and legal interest in removing the stigma of a criminal conviction from the family name, and their application to continue the appeal must be liberally granted.
Pranab Kumar Mitra v. State of W.B., AIR 1959 SC 144: Affirmed that the death of a convict does not abate revision petitions or appeals against fines, which remain enforceable against the estate.

Courtroom Practice & Strategic Litigation Guidance:

Upon the demise of a convicted appellant undergoing imprisonment, file an application on behalf of the spouse or children within 30 days under Section 435(2) to clear the deceased's name and protect family honor.