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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 431 Arrest of accused in appeal from acquittal
Section 432 Appellate Court may take further evidence or direct it to be taken
Section 433 Procedure where Judges of Court of appeal are equally divided
Section 434 Finality of judgments and orders on appeal
Section 435 Abatement of appeals
Section 436 Reference to High Court
Section 437 Disposal of case according to decision of High Court
Section 438 Calling for records to exercise powers of revision