CrPC 394 vs BNSS 435: Abatement of appeals
Section 394 of the Code of Criminal Procedure is now section 435 of the Bharatiya Nagarik Suraksha Sanhita, in force from 1 July 2024. 97% of the old wording is kept; 3 words removed and 2 words added.
Struck out: only in the old section. Marked: new in the new section. Punctuation and capitals are ignored when matching words.
CrPC section 394Abatement 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.
BNSS section 435Abatement 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.
Text of both sections from India Code, as in our Bare Acts library. Footnotes and amendment notes are on the section pages. Find any other section with the section converter.