Mercy petition
About mercy petition
- A mercy petition is a formal request by a death row convict or their representative seeking clemency from the President of India under Article 72 or the Governor under Article 161 of the Constitution.
- It serves as the final constitutional remedy after exhausting all judicial appeals, rooted in the right to life under Article 21.​
Constitutional Basis
- Article 72 empowers the President to grant pardons, reprieves, respites, or remissions for Union laws, court-martial sentences, or death penalties.
- Governors hold similar powers under Article 161 for state laws, excluding court-martial cases.
- The Supreme Court has ruled this as a constitutional right, not discretionary.​
Filing Process
- No statutory procedure exists, but convicts or relatives submit written petitions post-Supreme Court dismissal, typically within 7 days under prior CrPC rules or 30 days under BNSS Section 472.
- Petitions go to the President's Secretariat, then Ministry of Home Affairs for state/central input and recommendations within 60 days. Multiple convicts' petitions are decided together.​
Grounds and Types
- Clemency considers health, mental fitness, family dependency, or judicial errors.
- Types include pardon (full forgiveness), reprieve (temporary delay), respite (longer medical suspension), and remission (sentence reduction).
