Mercy petition in death sentence cases
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Summary
A condemned person, or their heir or relative, may file a mercy petition to the Governor or the President within 30 days after the jail Superintendent informs them that appeals were dismissed or the High Court confirmed the death sentence. The petition may first go to the Governor and, if rejected, to the President within 60 days. The Superintendent must ensure filing or send names and case records to the State or Central Government, which seeks State comments and recommends to the President; the President's decision is final, not appealable, and is communicated to the State and the jail within 48 hours.
Example
Ravi is on death row and the jail Superintendent tells him that the High Court has confirmed his sentence and time for Supreme Court review has expired. Ravi files a mercy petition to the Governor within 30 days. After the Governor rejects it, Ravi applies to the President within 60 days and waits for the President’s final, not-appealable decision.
Bare Act
Enacted 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.
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