Section 435 of BNSS : Section 435: Abatement of appeals.

Explanation using Example

Example 1:

Rajesh was convicted of a serious crime and sentenced to 10 years in prison. He filed an appeal under Section 418 of the Bharatiya Nagarik Suraksha Sanhita 2023. Unfortunately, Rajesh passed away while his appeal was still pending. According to Section 435(1), his appeal will finally abate, meaning it will come to an end and will not be heard further because the accused (Rajesh) has died.

Example 2:

Sita was convicted of a crime and sentenced to life imprisonment. She filed an appeal under a different section of Chapter XXXI, not under Section 418 or 419. While her appeal was pending, Sita died. According to Section 435(2), her appeal would normally abate. However, Sita's brother, who is a near relative, applied to the Appellate Court within thirty days of her death, seeking permission to continue the appeal. The court granted him leave to continue the appeal, so the appeal did not abate and will proceed as if Sita were still alive.