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If in a criminal appeal against a conviction and sentence of imprisonment an accused appellant dies and…

Under the Proviso to Section 435(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the Proviso to Section 394(2) of the Code of Criminal Procedure, 1973), where…

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If in a criminal appeal against a conviction and sentence of imprisonment an accused appellant dies and his near relatives wish to continue the appeal, within how much time of the appellant's death must they apply?

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Answer and explanation

Correct answer D

Under the Proviso to Section 435(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the Proviso to Section 394(2) of the Code of Criminal Procedure, 1973), where an 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.

Option feedback

Option A

Incorrect because four months exceeds the thirty-day statutory limitation under the Proviso to Section 435(2) of the BNSS, 2023.

Option B

Incorrect because three months is not the period prescribed under the Proviso to Section 435(2) of the BNSS, 2023.

Option C

Incorrect because sixty days is not the period prescribed under the Proviso to Section 435(2) of the BNSS, 2023.

Option D

Correct because the Proviso to Section 435(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly the Proviso to Section 394(2) of the CrPC, 1973) requires any near relative of the deceased appellant to apply to the Appellate Court for leave to continue the appeal within thirty days of the death of the appellant.

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