BNSS §435

of the accused.

Substantively sameConfidence: mediumStatus: cross checkedconsolidation context(precautionary)
View government sourcemha.gov.in(opens the Bharatiya Nagarik Suraksha Sanhita, 2023 PDF on mha.gov.in in a new tab)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §394
Abatement of appeals

394. Abatement of appeals.—(1) Every other appeal under section 377 or section 378 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. CHAPTER XXX REFERENCE AND REVISION

New law
BNSS §435
of the accused.

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. CHAPTER XXXII REFERENCE AND REVISION

What changedAI-inferred

Abatement of appeals.

Old position

CrPC 394 is concerned with Abatement of appeals. Abatement of appeals

New position

BNSS 435 preserves the framework with drafting modernisations as required by the new code. Topic: of the accused.. Every appeal under section 418 or section 419 shall finally abate on the death of the accused

BNSS 435 (of the accused.) preserves the framework of CrPC 394. BNSS 435 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 435 text: Every appeal under section 418 or section 419 shall finally...

Editorial deltaAI-indicated (source-linked)

BNSS 435 (of the accused.) preserves the framework of CrPC 394. BNSS 435 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 435 text: 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...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 394 continues to apply. For matters from that date forward, BNSS 435 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 435 (of the accused.). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Government source

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Sources

Cite this page

Newlaws.in, CRPC §394 → BNSS §435 Mapping Page, last updated 2026-05-01, accessed 2026-10-29, https://newlaws.in/bnss/435.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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