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 after the date on which the Superintendent of the Jail—
and that may present the mercy petition to the Home Department of the State Government or the Central Government, as the case may be.
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 his 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 makes the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, the 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 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 made under article 72 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President shall not be enquired into in any Court.
Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for filing mercy petitions in death sentence cases. It allows convicts or their relatives to petition either the President of India or the Governor of the State for mercy within specified timeframes after relevant notifications from the Superintendent of the Jail. The section details the responsibilities of the Jail authorities, the procedure for transferring the petition to the Central Government, and the President's final authority over such petitions.
A1: A convict under the sentence of death, his legal heir, or any other relative can file a mercy petition.
A2: The petition must be filed within thirty days of receiving notification from the Superintendent of the Jail regarding the dismissal of an appeal or the confirmation of the death sentence.
A3: If the petition is rejected by the Governor, a subsequent petition must be filed with the President within sixty days of the rejection.
A4: The Superintendent ensures that all convicts in a case file their mercy petitions and submits necessary details to the Central or State Government if not received.
A5: No, the order of the President is final and cannot be appealed in any court.
1. Filing a Mercy Petition: A convict sentenced to death receives notice of the Supreme Court's dismissal of his appeal. He or his relative files a mercy petition with the President within thirty days.
2. Governor's Rejection: If the mercy petition is initially submitted to the Governor and subsequently rejected, the convict has sixty days to appeal to the President.
3. Multiple Convicts: In a case involving multiple death sentences, all convicts must submit their petitions, and the President will decide on them collectively.
Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a structured process for convicts under death sentences to seek mercy. It specifies the timelines for filing petitions, the roles of jail authorities, and the finality of the President's decisions, ensuring clarity and efficiency in the handling of mercy petitions.
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