Section 472 BNSS: Mercy petition in death sentence cases

Section 472 BNSS Bare Act Text

(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.

Source: Section 472, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 472 BNSS in Simple Words

When Section 472 BNSS Applies

• Under Section 472(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under the sentence of death, his legal heir, or any other relative may file a mercy petition before the President of India under article 72 or the Governor of the State under article 161 of the Constitution if a petition for mercy has not already been submitted, once the jail Superintendent informs the convict of the dismissal of the Supreme Court appeal, review, or special leave to appeal, or of the High Court confirmation of the death sentence after the time to approach the Supreme Court has expired.
• A mercy petition under Section 472(1) BNSS may first be made to the Governor, and once the Governor rejects or disposes of it, the petition shall be made to the President under Section 472(2) BNSS.
• When a case involves more than one convict, the Superintendent or officer in charge of the jail shall ensure under Section 472(3) BNSS that every convict files a mercy petition, and if any other convict does not file one, the Superintendent shall send the names, addresses, copy of the case record, and all other case details to the Central Government or the State Government for consideration along with the mercy petition filed.
• On receiving a mercy petition under Section 472(4) BNSS, the Central Government shall seek the comments of the State Government, consider the petition with the case records, and make recommendations to the President, and under Section 472(6) BNSS it shall communicate the order of the President to the Home Department of the State Government and the Superintendent or officer in charge of the jail.
• Under Section 472(5) BNSS, the President may consider, decide, and dispose of the mercy petition, and where there is more than one convict in a case, the President shall decide the petitions together in the interests of justice.

Time Limits Under Section 472 BNSS

• Under Section 472(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a mercy petition may be filed before the President of India or the Governor of the State within thirty days from the date on which the jail Superintendent informs the convict about the dismissal of the appeal, review, or special leave to appeal by the Supreme Court, or about the date of confirmation of the death sentence by the High Court after the time allowed to file an appeal or special leave in the Supreme Court has expired.Act text: “within a period of thirty days from the date on which the Superintendent of the jail”
• If the mercy petition is initially made to the Governor under Section 472(2) BNSS, the petition to the President shall be made within sixty days from the date on which the Governor rejects or disposes of the petition.Act text: “within a period of sixty days from the date of rejection or disposal of such petition”
• Where there is more than one convict in a case, the Superintendent or officer in charge of the jail shall ensure under Section 472(3) BNSS that every convict also files a mercy petition within sixty days.Act text: “also files the mercy petition within a period of sixty days”
• Under Section 472(4) BNSS, the Central Government shall make its recommendations on the mercy petition to the President as expeditiously as possible and within sixty days from the date it receives the comments of the State Government and the case records from the Superintendent of the jail.Act text: “as expeditiously as possible, within a period of sixty days from the date of receipt of comments”
• Upon receiving the order of the President on the mercy petition, the Central Government shall communicate that order within forty-eight hours to the Home Department of the State Government and the Superintendent or officer in charge of the jail under Section 472(6) BNSS.Act text: “Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours”

Example of Section 472 BNSS

When Section 472 BNSS Does Not Apply

• Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the convict is not under the sentence of death.
• Filing a mercy petition under Section 472(1) BNSS does not apply if the convict has already submitted a petition for mercy.
• Where the High Court has confirmed the sentence of death and the Supreme Court has not been approached, filing under Section 472(1)(ii) BNSS is not available until the time allowed to file an appeal or special leave in the Supreme Court has expired.
• Under Section 472(7) BNSS, no appeal shall lie in any Court against the order of the President under article 72 or the Governor under article 161 of the Constitution, and no Court shall inquire into any question as to the arriving of the decision by the President or the Governor.

No Corresponding CrPC Section

FAQs on Section 472 BNSS

Section 472 BNSS: Sub-sections Explained