(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.
Bharatiya Nagarik Suraksha Sanhita
Section 472
Mercy petition in death sentence cases
⚡ Quick Answer Reference: Section 472 BNSS
- Provision: Section 472 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
- Jurisdiction: India
- Summary: A person who has been sentenced to death can file a mercy petition to the President or Governor within 30 days of receiving the news. If the Governor rejects the petition, it can be sent to the President within 60 days. The jail authorities must ensure that all convicts in a case file a mercy petition within 60 days.
What does Section 472 of BNSS say?
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What does Section 472 of BNSS mean?
Plain English Explanation
A person who has been sentenced to death can file a mercy petition to the President or Governor within 30 days of receiving the news. If the Governor rejects the petition, it can be sent to the President within 60 days. The jail authorities must ensure that all convicts in a case file a mercy petition within 60 days.
Practical Interpretation
This section outlines the procedure for filing mercy petitions in death sentence cases. The convict, their legal heir, or relative can file a petition within 30 days of receiving the news. The Governor or President will then review the petition and make a decision. The jail authorities play a crucial role in ensuring that all convicts in a case file a mercy petition within 60 days.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for convicts to seek mercy in death sentence cases. It ensures that the President or Governor has the opportunity to review the petition and make a decision, while also ensuring that the jail authorities are responsible for ensuring that all convicts file a mercy petition within the specified timeframe.
- •A convict under the sentence of death or their legal heir or any other relative may file a mercy petition.
- •The petition must be filed within 30 days of receiving the news of the dismissal of the appeal, review, or special leave to appeal by the Supreme Court, or the date of confirmation of the sentence of death by the High Court.
- •The petition must be made to the Governor initially, and if rejected or disposed of, it must be made to the President within 60 days.
- •The jail authorities must ensure that every convict in a case files a mercy petition within 60 days.
Practical Example of Section 472 BNSS
Rajesh, a convict, has been sentenced to death for a crime he committed. His lawyer informs him that the Supreme Court has dismissed his appeal. Rajesh's family files a mercy petition to the Governor within 30 days of receiving the news. However, the Governor rejects the petition. Rajesh's family then files a mercy petition to the President within 60 days of the Governor's rejection. The President reviews the petition and makes a decision. Meanwhile, the jail authorities ensure that all convicts in the case file a mercy petition within 60 days.
Frequently Asked Questions about Section 472 BNSS
Q: What is the punishment or consequence under Section 472 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence of not filing a mercy petition within the specified timeframe is not outlined in this section.
Q: Does this section apply to private individuals or public entities?
This section applies to convicts who have been sentenced to death, as well as their legal heirs or relatives who may file a mercy petition on their behalf.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to a criminal offence. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 472 BNSS
What is Section 472 of BNSS?
Section 472 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Mercy petition in death sentence cases". In plain terms: A person who has been sentenced to death can file a mercy petition to the President or Governor within 30 days of receiving the news. If the Governor rejects the petition, it can be sent to the President within 60 days. The jail authorities must ensure that all convicts in a case file a mercy petition within 60 days.
What is the punishment under Section 472 of BNSS?
Section 472 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 472 of BNSS bailable or non-bailable?
Whether Section 472 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 472 of BNSS?
The essential elements of Section 472 of BNSS are: A convict under the sentence of death or their legal heir or any other relative may file a mercy petition.; The petition must be filed within 30 days of receiving the news of the dismissal of the appeal, review, or special leave to appeal by the Supreme Court, or the date of confirmation of the sentence of death by the High Court.; The petition must be made to the Governor initially, and if rejected or disposed of, it must be made to the President within 60 days..
Landmark Judgments under Section 472 BNSS
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