Mercy petition in death sentence cases.
What this section does
A death-row convict, or his legal heir or relative, may file a mercy petition before the President under Article 72 or the Governor under Article 161 within 30 days of being informed of dismissal of appeal/SLP or confirmation of death sentence. The petition may first go to the Governor, and on rejection, to the President within 60 days. The Central Government must make recommendations to the President within 60 days of receiving State Government comments, and the President's order is final and not subject to judicial inquiry.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Convict · Legal heir/relative · Superintendent of Jail · Governor · President of India · Central Government · State Government
- Time limit
- 30 days to file mercy petition from date of intimation; 60 days to approach President after Governor's rejection; Central Government to recommend within 60 days of receiving State comments; President's order communicated within 48 hours
Practitioner note
This section codifies the mercy petition procedure for the first time in the procedural code, reflecting directions issued by the Supreme Court in Shatrughan Chauhan v. Union of India (2014) 3 SCC 1, which laid down timelines and procedural safeguards for mercy petitions in death sentence cases.
Read the official text
For the binding statutory text of BNSS Section 472, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 472 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.