Mercy Petition | 17 Dec 2025

Source: TH

Why in News?  

The President of India has rejected the mercy petition of a convict found guilty of kidnapping, raping, and murdering a two-year-old girl in Maharashtra in 2012, reaffirming the constitutional process governing capital punishment.

Summary 

  • The President’s rejection brings focus on mercy petitions under Articles 72 and 161, the BNSS 2023 time-bound framework, limited judicial review, and the humanitarian rationale of clemency as a safeguard against miscarriage of justice while upholding Article 21.

What is Mercy Petition? 

  • About: A Mercy Petition is a constitutional remedy available to convicts, especially in death sentence cases, seeking pardon, commutation, remission, or suspension of sentence. 
  • Constitutional Basis: The power to grant pardon, commutation, remission, or suspension of sentences is vested in the President under Article 72 and the Governor under Article 161 of the Constitution. 
    • The President’s pardoning power is broader than the Governor’s power, as it extends to court-martial cases, while the Governor’s power is limited to offences under State laws and does not apply to military court sentences. 
  • Grounds for Filing: A mercy petition may be filed on grounds such as good conduct, mental health, age, medical condition, humanitarian factors, miscarriage of justice, or rehabilitation efforts. 
  • Legal Provisions: Section 472(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023  sets a time-bound process for mercy petitions. 
    • A convict must file within 30 days of dismissal of appeals by the Supreme Court or confirmation of a death sentence by the High Court, while in cases with multiple convicts, petitions must be filed within 60 days. 
  • Role of Governments: Under BNSS, 2023 upon receiving a mercy petition, the Central Government seeks comments from the State Government, examines the case records, and makes its recommendation to the President within 60 days.  
    • It may also obtain the trial judge’s opinion and certified records. In cases with multiple convicts, petitions are decided together.  
    • While no time limit is set for the President’s decision, the Centre must communicate the President’s order to the State Home Department and jail authorities within 48 hours. 
  • Finality and Non-Justiciability: Section 472(7) of the BNSS declares that the President’s decision on a mercy petition is final.  
    • Courts are barred from questioning or reviewing the grounds of pardon or commutation, reinforcing the exclusive executive nature of clemency powers. 
  • Judicial Pronouncements: 
    • Maru Ram v. Union of India (1981): The Supreme Court clarified that these powers are to be exercised on the aid and advice of the Council of Ministers, making clemency an executive function rather than a personal discretion. 
    • Kehar Singh v. Union of India (1988): The Supreme Court held that the President’s pardoning power is independent of the judiciary but subject to limited judicial review to ensure procedural fairness, not to examine the merits of the decision. 

Philosophical Basis of Pardoning Powers in India 

  • Pardoning powers recognise that the judicial system is not infallible and provide a humane mechanism to correct possible miscarriages of justice. 
    • In 2012, 14 retired Supreme Court and High Court judges urged the President to commute 9 death sentences to life imprisonment, citing concerns over miscarriage of justice. 
  • It also aims to maintain public trust in the justice system while upholding the right to life under Article 21 of the Constitution. 

Drishti Mains Question:

Evaluate the significance of time-bound procedures for mercy petitions introduced under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Frequently Asked Questions (FAQs) 

1. What is a mercy petition in India?
A mercy petition is a constitutional remedy seeking pardon, commutation, remission, or suspension of sentence under Articles 72 and 161.

2. How does BNSS, 2023 change the mercy petition process?
BNSS introduces time limits for filing mercy petitions and prescribes a structured role for the Central and State Governments.

3. Who has wider pardoning powers—the President or the Governor?
The President has wider powers, including in court-martial and death sentence cases, unlike the Governor.

4. Can courts review the President’s decision on mercy petitions?
Courts cannot examine the merits but may conduct limited judicial review to ensure procedural fairness.

UPSC Civil Services Examination, Previous Year Questions (PYQs) 

Mains

Q. Instances of the President's delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/reject such petitions? Analyse (2014)