Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 435: Abatement of appeals
(1) Every other 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.
Brefe Detail
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which appeals may abate, specifically addressing the death of the accused or appellant. It establishes that appeals under sections 418 and 419 will cease upon the accused's death, while most other appeals will abate upon the appellant's death, except for those involving sentences of death or imprisonment. In such cases, near relatives of the appellant can apply to continue the appeal within thirty days.
Question & Answers
Q1: What happens to appeals under sections 418 or 419 upon the death of the accused?
A1: Such appeals shall finally abate on the death of the accused.
Q2: When do other appeals under this Chapter abate?
A2: Other appeals, except those from a sentence of fine, shall finally abate on the death of the appellant.
Q3: What can happen if the appellant dies during the pendency of an appeal against a conviction and sentence of death or imprisonment?
A3: Any near relative of the appellant may apply to the Appellate Court for leave to continue the appeal within thirty days of the appellant's death.
Q4: What does near relative mean in this context?
A4: Near relative refers to a parent, spouse, lineal descendant, brother, or sister.
Example
1. Example of Abatement Due to Death of Accused: If an accused person dies while their appeal is pending under section 418, that appeal will abate immediately.
2. Example of Abatement Due to Death of Appellant: If an appellant dies while appealing a sentence (other than a fine), the appeal will abate unless a near relative applies to continue it.
3. Example of Application by Near Relative: If the appellant facing a death sentence dies, their spouse can apply to the Appellate Court within thirty days to continue the appeal.
Summary
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes that appeals generally abate upon the death of the accused or appellant, with specific provisions allowing near relatives to continue appeals in cases involving serious convictions like death or imprisonment, ensuring some continuity in the judicial process.
