Indian criminal procedure | Updated 18 October 2026
Section 394 CrPC and Section 435 BNSS: Abatement of Appeals
Abatement of an appeal means that the appeal comes to an end by operation of law, usually because a party has died. Section 394 of the Code of Criminal Procedure, 1973 and its successor, Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, set out the rules and exceptions.
Section 394 CrPC - Abatement of Appeals
The original provision under Chapter XXIX (Appeals) of the Code of Criminal Procedure, 1973 states:
(1) Every 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.
Section 377 concerned appeals against inadequacy of sentence; Section 378 concerned appeals against acquittal. This is the earlier statutory wording, retained for reference and applicable saved proceedings.
Section 435 BNSS, 2023 - Current Corresponding Provision
Section 435 of the BNSS, under Chapter XXXI (Appeals), substantially retains the earlier framework while updating the references to the new sections.
(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.
Under the BNSS, Section 418 addresses appeals concerning inadequacy of sentence and Section 419 addresses appeals against acquittal. Their corresponding CrPC references were Sections 377 and 378.
When Does a Criminal Appeal Abate?
Death of the accused in specified State appeals
Appeals under Section 377 or 378 CrPC (now Sections 418 or 419 BNSS) finally abate upon the death of the accused. This rule reflects the personal nature of those criminal proceedings.
Death of the appellant in other criminal appeals
Ordinarily, an appeal under the relevant appeals chapter abates when the appellant dies. However, an appeal from a sentence of fine is expressly excluded from this automatic-abatement rule. Such an appeal can remain relevant because the fine may affect the deceased person's estate.
Appeals involving both imprisonment and fine
Where the sentence includes a fine as well as imprisonment, the continuing legal effect of the fine may require separate examination. The statutory exclusion for an appeal from a sentence of fine should not be overlooked merely because imprisonment was also imposed.
Can Near Relatives Continue an Appeal After Death?
Yes, in the specific situation described by the proviso: an appeal against conviction and a sentence of death or imprisonment, where the appellant dies while the appeal is pending.
A near relative means a parent, spouse, lineal descendant, brother or sister. A qualifying relative may apply to the Appellate Court within 30 days of the appellant's death for leave to continue the appeal. Continuation is not automatic: the court must grant leave.
For example, where a person convicted and sentenced to imprisonment dies while challenging the conviction, the person's spouse may apply within the statutory period to continue the appeal. If leave is granted, the appeal may proceed on its merits, including questions concerning the conviction.
The text specifies the 30-day application period. Questions about delay or any available relief must be assessed under applicable procedural law and judicial decisions; they should not be treated as an automatic extension.
CrPC or BNSS: Which Law Applies?
The BNSS repealed the CrPC with effect from 1 July 2024, subject to the saving arrangements in Section 531 BNSS. In particular, proceedings such as appeals already pending immediately before commencement may continue under the saved CrPC procedure. For proceedings commenced under the new framework, Section 435 BNSS is the relevant abatement provision.
For authoritative legislative texts, consult the India Code BNSS record, the official BNSS Act PDF and the Ministry of Home Affairs criminal laws portal.
Frequently Asked Questions
What is abatement of a criminal appeal?
It is the legal termination of an appeal upon a specified event, principally the death of the accused or appellant, subject to statutory exceptions.
Which BNSS section corresponds to Section 394 CrPC?
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Does an appeal against a sentence of fine automatically end on the appellant's death?
No. The statutory rule expressly excludes an appeal from a sentence of fine from automatic abatement under subsection (2).
Who can seek permission to continue an appeal against imprisonment?
A parent, spouse, lineal descendant, brother or sister may apply for leave within 30 days of death when the statutory conditions are met.
Is the court required to allow a relative to continue?
No. The statute requires an application for leave, and the appeal continues under this exception only if the Appellate Court grants leave.
This article provides general legal information. Statutory applicability and procedural remedies depend on the facts and current court decisions.