Bharatiya Nagarik Suraksha Sanhita, 2023
Section 435
Abatement of appeals
(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.
Why this exists
An appeal exists to protect the rights of a living person; once that person dies, most appeals lose their purpose because there's no one left to be punished, acquitted, or sentenced differently. But where a death sentence or imprisonment (and the stigma of conviction) is involved, the law allows family members to continue fighting to clear the deceased's name, recognising that reputation and dignity matter even after death. This corresponds to section 394 of the earlier CrPC.
Common misconceptions
- Myth: An appeal always ends completely and permanently the moment the appellant dies.
Fact: For appeals involving a death sentence or imprisonment, a near relative can apply within thirty days to continue the appeal, and if the court grants leave, it does not abate.