BNSS Section 435 — Abatement of appeals

CHAPTER XXXI APPEALS

Criminal

Summary

If an appeal is filed under section 418 or section 419, it ends automatically when the accused person dies. For any other appeal under this Chapter, except an appeal against a fine, the appeal ends when the person who filed the appeal dies. However, if the appeal was against a conviction that included a death sentence or imprisonment, and the person who filed the appeal dies while the appeal is still pending, a close relative can ask the appeal court for permission to continue the appeal. The request must be made within thirty days of the death, and if the court grants permission, the appeal will not end. A “near relative” here means a parent, spouse, child, brother, or sister.

Official 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

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