Abatement of appeals
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with abatement of appeals. Every appeal under section 418 or section 419 shall finally abate on the death of the accused. The Act came into force on 01 Jul 2024.
(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.
Section 435, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 394 Abatement of appeals Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate vs The State of Maharashtra
Decided under Code of Criminal Procedure 394, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Legal heirs of a deceased appellant in a criminal appeal may be permitted to continue the appeal by filing an application for condonation of delay and leave to prosecute, provided the delay is reasonably explained and the underlying cause (such as lack of awareness of procedural formalities) is established. The court has discretion under Section 394 CrPC to condone such delay and set aside abatement to permit the legal heirs to pursue the appeal to its logical conclusion.
On this section: Section 394 CrPC governs the procedure for condonation of delay in criminal proceedings. The court applied this section to permit the legal heirs to file the application for leave to prosecute the appeal despite the delay caused by lack of awareness of procedural formalities.
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Chaladan Nilika Ramchandran vs The State of Maharashtra
Decided under Code of Criminal Procedure 394, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Legal representatives of a deceased appellant can be substituted in place of the original appellant in a pending criminal appeal under Section 394 of the Criminal Procedure Code, provided that the death of the original appellant is established through affidavit and the substitution is necessary to ensure continuity of proceedings, particularly where financial stakes are involved.
On this section: Section 394 of Cr.P.C. provides the legal framework for substitution of parties in criminal proceedings. The court applied this section to allow the substitution of legal representatives in place of the deceased appellant, enabling the continuation of the criminal appeal.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… appeal, filed under Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita,2023, challenges the judgment acquitting the accused/respondent No.1 in S.T.No.1518 of 2014 on the file of the Judicial First Class Magistrate Court, Mattannur. The appellant submitted that the accused/respondent No.1 is no more. As per Section 435 of the Bharatiya Nagarik Suraksha Sanhita,2023 every appeal under Section 418 or Section 419 shall finally abate on the death of the accused. Therefore, the appeal stands abated. Sd/- K.BABU, JUDGE saap …
Questions about Section 435
What have the courts held on Section 435 of the Bharatiya Nagarik Suraksha Sanhita?
Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate vs The State of Maharashtra (15 Mar 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 394, which this section replaced -- the court never mentioned this Act: Section 394 CrPC governs the procedure for condonation of delay in criminal proceedings. The court applied this section to permit the legal heirs to file the application for leave to prosecute the appeal despite the delay caused by lack of awareness of procedural formalities. Another 1 judgment on this section is set out below. They run from 2013 to 2017.
How do I find court cases under Section 435 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 435, section 435 BNSS, section 435 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mahadev Sidram Devkate Since Deceased Thgrough Legal Heirs Jayashree Mahadev Devkate vs The State of Maharashtra (15 Mar 2017).
What should I read with Section 435 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 418 (Appeal by State Government against sentence), section 419 (Appeal in case of acquittal), so none of them can safely be read on its own. It carries forward CrPC 394 (Abatement of appeals), so the judgments decided under that provision are the case law on this one.
When did Section 435 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 435, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.