Section 435 BNSS: Abatement of Appeals
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down when a criminal appeal comes to an end because of the death of the accused or appellant, and when a near relative can seek permission to continue an appeal against conviction.
In brief: appeals covered by Sections 418 or 419 finally abate on the death of the accused. Other appeals generally abate on the death of the appellant, except an appeal from a sentence of fine. In an appeal against conviction and a sentence of death or imprisonment, a near relative may apply within 30 days of the appellant's death for leave to continue the appeal.
Text of Section 435 BNSS
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.
Meaning and Scope of Section 435
Abatement means that the appeal terminates by operation of law because of the death of the person whose presence or legal interest is central to the appeal. Section 435 separates the rule into two broad categories.
- Appeals under Sections 418 and 419: these finally abate on the death of the accused.
- Other appeals under the appeals chapter: these generally finally abate on the death of the appellant.
- Appeal from a sentence of fine: this is expressly excluded from the general rule in sub-section (2), so it does not automatically abate merely because the appellant dies.
- Appeal against conviction with death or imprisonment sentence: a qualifying near relative can seek leave of the Appellate Court to continue the appeal.
Who Is a "Near Relative"?
The Explanation to Section 435 gives an exhaustive statutory meaning for this provision. A near relative is a parent, spouse, lineal descendant, brother or sister of the deceased appellant.
Thirty-Day Application to Continue an Appeal
Where an appeal challenges a conviction and a sentence of death or imprisonment, the death of the appellant does not necessarily end the matter. A near relative may apply to the Appellate Court within 30 days from the death of the appellant for leave to continue the appeal. The continuation is not automatic: the court must grant leave.
Practical point: the statutory 30-day period should be acted upon promptly. The application should identify the relationship with the deceased appellant, the pending appeal, the date of death and the reason for seeking continuation.
Why an Appeal from a Sentence of Fine Is Different
Sub-section (2) expressly excludes an appeal from a sentence of fine from automatic abatement on the appellant's death. A fine may have consequences for the estate of the deceased, which is why the statute preserves the appeal from the ordinary abatement rule.
Section 435 BNSS and Section 394 CrPC
Section 435 BNSS substantially carries forward the rule previously contained in Section 394 of the Code of Criminal Procedure, 1973, while the cross-referenced appeal provisions have been renumbered under the BNSS.
| Subject | BNSS, 2023 | Earlier CrPC, 1973 |
|---|---|---|
| Abatement of appeals | Section 435 | Section 394 |
| State appeal concerning sentence | Section 418 | Section 377 |
| Appeal in case of acquittal | Section 419 | Section 378 |
| Near-relative continuation period | 30 days | 30 days |
Effective Date of BNSS
The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government brought its provisions into force from 1 July 2024, subject to the notified exception relating to the entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita in the First Schedule. Section 435 is therefore part of the operative BNSS framework.
Related BNSS Provisions
For the surrounding appellate and revision provisions, see Section 431 - Arrest of accused in appeal from acquittal, Section 432 - Further evidence by Appellate Court, Section 433 - Judges equally divided, Section 434 - Finality of appellate judgments and orders, and Section 436 - Reference to High Court.
Key Takeaways
- Death of the accused causes appeals under Sections 418 and 419 BNSS to finally abate.
- Most other appeals abate on the death of the appellant.
- An appeal from a sentence of fine is excluded from automatic abatement under sub-section (2).
- A near relative can apply within 30 days to continue an appeal against conviction where the sentence is death or imprisonment.
- The Appellate Court must grant leave before the appeal can continue.
Last reviewed: 12 September 2026. This page is intended for general legal information; the statutory text and applicable judicial decisions should be checked for a specific case.