(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.
Bharatiya Nagarik Suraksha Sanhita
Section 435
Abatement of appeals.
Englishहिंदी
⚡ Quick Answer Reference: Section 435 BNSS
- Provision: Section 435 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: APPEALS
- Jurisdiction: India
- Summary: This section explains what happens to appeals when the person involved dies. If the accused dies, their appeal ends. If the person appealing a sentence dies, their appeal also ends unless it's about a death or imprisonment sentence.
Statutory Content
What does Section 435 of BNSS say?
Indian StandardSection 435, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 435 (India)
Court Pleading StandardSection 435 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/435
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).
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Section Meaning & Purpose
What does Section 435 of BNSS mean?
Plain English Explanation
This section explains what happens to appeals when the person involved dies. If the accused dies, their appeal ends. If the person appealing a sentence dies, their appeal also ends unless it's about a death or imprisonment sentence.
Practical Interpretation
In practice, this section means that appeals can be discontinued if the key person involved passes away, but there are specific exceptions for certain types of sentences where relatives can continue the appeal.
Core Legal Purpose
The main purpose of this section is to establish the rules for when an appeal should be discontinued due to the death of the accused or appellant, ensuring the legal process is fair and efficient.
Key Legal Elements
- •The death of the accused or appellant is a required condition for the abatement of an appeal under this section.
- •The type of appeal, such as one under section 418 or 419, or an appeal against a conviction and sentence of death or imprisonment, is crucial in determining how the appeal proceeds after the death of the accused or appellant.
- •A key legal test is whether the appeal is against a conviction and sentence of death or imprisonment, which allows for the possibility of continuation by near relatives.
- •A key exception is when the appeal is against a conviction and sentence of death or imprisonment; in such cases, near relatives can apply to continue the appeal.
Practical Example
Practical Example of Section 435 BNSS
Rajesh was convicted of a serious crime and sentenced to imprisonment. He appealed the conviction, but unfortunately, died during the appeal process. His wife, Priya, who is considered a near relative, can apply to the Appellate Court to continue Rajesh's appeal within thirty days of his death. If the court grants leave, the appeal will proceed, allowing Priya to seek justice on behalf of her late husband.
Common Questions (FAQ)
Frequently Asked Questions about Section 435 BNSS
Q: What is the consequence under Section 435 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the abatement or potential continuation of an appeal based on specific conditions.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals involved in legal appeals, specifically the accused or appellant and their near relatives, not directly to public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences in the context of being bailable or cognizable; it addresses the procedural aspect of appeals in the event of the death of the accused or appellant.
People Also Ask (PAA)
Common Questions about Section 435 BNSS
What is Section 435 of BNSS?
Section 435 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Abatement of appeals.". In plain terms: This section explains what happens to appeals when the person involved dies. If the accused dies, their appeal ends. If the person appealing a sentence dies, their appeal also ends unless it's about a death or imprisonment sentence.
What is the punishment under Section 435 of BNSS?
Section 435 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 435 of BNSS bailable or non-bailable?
Whether Section 435 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 435 of BNSS?
The essential elements of Section 435 of BNSS are: The death of the accused or appellant is a required condition for the abatement of an appeal under this section.; The type of appeal, such as one under section 418 or 419, or an appeal against a conviction and sentence of death or imprisonment, is crucial in determining how the appeal proceeds after the death of the accused or appellant.; A key legal test is whether the appeal is against a conviction and sentence of death or imprisonment, which allows for the possibility of continuation by near relatives..
Landmark Case Laws
Landmark Judgments under Section 435 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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