435. (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.
BNSS Section 435: Abatement of appeals
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with abatement of appeals. It replaces CrPC 394 of the Code of Criminal Procedure, 1973.
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Text of BNSS Section 435
CrPC sections replaced
- CrPC 394: Abatement of appeals
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