mercy petition in death sentence cases

A mercy petition in death sentence cases is a last resort for a convict to seek clemency after exhausting all judicial remedies. It is a request for pardon, commutation, or remission of the sentence, submitted to the President of India (at the national level) or the Governor of a state.

Legal Provisions for Mercy Petition in India

1. Under the Indian Constitution:
   • Article 72: The President has the power to grant pardons, reprieves, respites, or remissions of punishment in cases of:
     • Court Martial
     • Offenses against Union laws
     • Death sentence cases
   • Article 161: The Governor has similar powers but cannot grant mercy in cases of the death penalty.
2. Under the Bharatiya Nagrik Suraksha Santhita (BNSS), 2023
   • Section 473 ,474& 475: Allows the government to suspend or remit sentences.
   • Section 476: Allows the central government to act in cases where the state government has jurisdiction.
   • Section 477: Requires the state government to consult the central government in certain cases.

Procedure for Filing a Mercy Petition

1. The convict or their family submits a mercy petition to the President of India through the Ministry of Home Affairs (MHA).
2. The MHA seeks the opinion of the concerned state government and court records.
3. The petition is reviewed by the Home Minister, who then forwards a recommendation to the President.
4. The President exercises discretion and decides to either accept or reject the petition.

Possible Outcomes of a Mercy Petition

• Pardon: Complete relief from punishment.
• Commutation: Substituting a lesser punishment (e.g., life imprisonment instead of a death sentence).
• Remission: Reduction in the term of the sentence.
• Respite: Lesser sentence due to special circumstances (e.g., pregnancy).
• Reprieve: Temporary delay in execution.

Landmark Cases on Mercy Petitions

1. Kehar Singh v. Union of India (1989): The Supreme Court held that the President’s power under Article 72 is of wide amplitude, and judicial review is limited.
2. Shatrughan Chauhan v. Union of India (2014): The Court ruled that undue delay in deciding mercy petitions is a valid ground for commuting a death sentence.
3. Dhananjoy Chatterjee case (2004): The first hanging in India post-1989; his mercy petition was rejected.

Judicial Review of Mercy Petitions

Although the President’s decision is final, it can be challenged in court on limited grounds, such as:

• Arbitrary or mala fide rejection
• Violation of fundamental rights (Article 21)
• Inordinate delay in decision-making

Recent Developments

• The Supreme Court has ruled that mercy petitions must be decided expeditiously to avoid mental agony for the convict.
• In cases like Yakub Memon (2015) and Nirbhaya case convicts (2020), the rejection of mercy petitions was done swiftly.