Section 472 BNSS: Mercy petition in death sentence cases (New BNSS Provision - Mercy petition in death sentence cases)

Section 472 of Bharatiya Nagarik Suraksha Sanhita, 2023: Mercy petition in death sentence cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) A convict under the sentence of death or his legal heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition before the President of India under article 72 or the Governor of the State under article 161 of the Constitution within a period of thirty days from the date on which the Superintendent of the jail,—

(i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme Court; or

(ii) informs him about the date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired.

(2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or disposal by the Governor, the petition shall be made to the President within a period of sixty days from the date of rejection or disposal of such petition.

(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case there are more than one convict in a case, also files the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, Superintendent of the jail shall send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or the State Government for consideration along with the said mercy petition.

(4) The Central Government shall, on receipt of the mercy petition seek the comments of the State Government and consider the petition along with the records of the case and make recommendations to the President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt of comments of the State Government and records from Superintendent of the Jail.

(5) The President may, consider, decide and dispose of the mercy petition and, in case there are more than one convict in a case, the petitions shall be decided by the President together in the interests of justice.

(6) Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours, communicate the same to the Home Department of the State Government and the Superintendent of the jail or officer in charge of the jail.

(7) No appeal shall lie in any Court against the order of the President or of the Governor made under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President or the Governor shall not be inquired into in any Court.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 472

Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 represents a historic statutory reform, codifying the complete procedure, strict timelines, and multi-tier institutional framework for filing and processing Mercy Petitions in death sentence cases.

Statutory Timeframe for Mercy Petitions: A convict sentenced to death (or their legal heir/relative) may submit a mercy petition to the Governor under Article 161 within thirty days from the date the High Court or Supreme Court dismisses the appeal/review.
Successive Petition to President: If the Governor rejects the mercy petition, a petition may be submitted to the President under Article 72 within thirty days of communication of the Governor's rejection.
Communication to Prison & Relatives: The Superintendent of Jail must inform the convict immediately upon rejection; no execution can take place until the President decides.
Preclusion of Endless Multiple Petitions: Statutorily regulates successive mercy petitions, ensuring expeditious, dignified, and final executive adjudication.

Key Landmark Precedents:

Shatrughan Chauhan v. Union of India, (2014) 3 SCC 1: The Constitution Bench established that executive clemency under Articles 72/161 is a constitutional duty; unexplained inordinate executive delay, solitary confinement, or insanity of the death row prisoner are supervening grounds commuting the death sentence to life imprisonment.
Kehar Singh v. Union of India, (1989) 1 SCC 204: The Constitution Bench held that the President's clemency power is of the widest amplitude and is open to limited judicial review on grounds of mala fides or extraneous considerations.
Epuru Sudhakar v. Govt. of A.P., (2006) 8 SCC 161: Affirmed that the exercise of clemency powers is subject to judicial review if exercised on political, caste, or arbitrary grounds.

Courtroom Practice & Strategic Litigation Guidance:

In capital mercy petitions, submit comprehensive dossiers detailing mitigating circumstances (young age, socio-economic marginalization, positive prison conduct, educational qualifications earned in jail) within the strict 30-day window under Section 472.