This provision explains the procedure for filing and disposing of mercy petitions in death
sentence cases — under Article 72 (power of the President to grant pardon, etc.) and Article
161 (power of the Governor to grant pardon, etc.) of the Constitution of India.
Here’s a simplified summary of each clause:
1. Who can file and when (Sub-section 1):
A convict under a death sentence, or their legal heir or relative, can file a mercy
petition.
It can be filed to the President (Art. 72) or the Governor (Art. 161) within 30 days
from:
o (i) The date the jail Superintendent informs the convict that the Supreme
Court has dismissed his appeal/review/Special Leave Petition (SLP), or
o (ii) The date when the High Court confirmed the death sentence and the
time for filing an appeal to the Supreme Court has expired.
2. Order of submission (Sub-section 2):
The convict may first approach the Governor.
If the Governor rejects or disposes of the petition, the convict can then approach the
President, but must do so within 60 days from the Governor’s decision.
3. When there are multiple convicts (Sub-section 3):
The Superintendent of Jail must ensure that all convicts in the same case file mercy
petitions within 60 days.
If some do not file, the Superintendent must send their details and case records to
the State or Central Government for consideration along with the petitions received.
4. Role of the Central Government (Sub-section 4):
Once the mercy petition is received, the Central Government:
o Seeks comments from the State Government,
o Reviews the case records, and
o Makes a recommendation to the President within 60 days of receiving the
State’s comments and records.
5. Decision by the President (Sub-section 5):
The President considers and disposes of the mercy petition.
If there are multiple convicts in the same case, all petitions are decided together to
maintain consistency and justice.
6. Communication of decision (Sub-section 6):
After the President’s decision, the Central Government must communicate the
order within 48 hours to:
o The State Home Department, and
o The Superintendent of Jail concerned.
7. Finality of decision (Sub-section 7):
The decision of the President or Governor under Article 72 or 161 is final.
No court appeal is allowed against such an order.
Courts cannot inquire into how or why the President or Governor reached their
decision.
ChatGPT said:
This provision explains the power of the appropriate government to suspend or remit
sentences — that is, to reduce, cancel, or postpone the execution of a sentence after
conviction.
It corresponds to Section 432 of the Code of Criminal Procedure, 1973 (CrPC) and now
appears in Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Here’s a detailed and simplified explanation of each clause:
1. Power to suspend or remit sentences (Sub-section 1):
The appropriate Government (Central or State) may:
o Suspend the execution of a sentence (temporarily halt it), or
o Remit the whole or any part of the punishment (reduce or cancel it).
This can be done:
o At any time after conviction,
o With or without conditions,
o If conditional, the convict must accept the conditions.
Example:
If a person is sentenced to 5 years imprisonment, the Government may remit 1 year or
suspend the sentence for a certain period due to good conduct or special reasons.
2. Seeking opinion of the trial judge (Sub-section 2):
When an application for suspension or remission is made, the Government can ask
the presiding judge (who convicted or confirmed the conviction) to:
o Give his opinion on whether remission should be granted or not, and
o Provide reasons for that opinion along with a certified copy of the record of
the trial.
Purpose:
Ensures the decision is informed and based on judicial insight.
3. Cancellation of suspension or remission (Sub-section 3):
If the conditions on which the remission/suspension was granted are not fulfilled,
the Government may cancel the order.
After cancellation:
o The person can be arrested without a warrant, and
o Must serve the remaining unexpired portion of the sentence.
4. Nature of conditions (Sub-section 4):
The condition for suspension/remission may:
o Depend on the conduct or act of the convict (e.g., maintaining good
behaviour), or
o Be independent of his will (e.g., contingent upon some external event).
5. Rules and procedure for petitions (Sub-section 5):
The Government can issue rules or orders regarding:
o How petitions for remission should be filed, and
o How they should be processed.
However, for convicts above 18 years of age (except those fined only):
o No petition will be entertained unless the person is in jail, and
o If filed by the convict, it must be sent through the jail officer, or
o If filed by someone else, it must declare that the convict is in jail.
Purpose:
To prevent misuse of the petition process and ensure authenticity.
6. Applicability to other orders (Sub-section 6):
These provisions also apply to any other order by a Criminal Court that:
o Restricts liberty (e.g., detention orders), or
o Imposes liability on a person or their property.
7. Meaning of "appropriate Government" (Sub-section 7):
(a) If the offence is under a law relating to a Union subject → Central Government.
(b) In all other cases → State Government where the person was sentenced.
Meaning of Commutation:
Commutation means changing a sentence to a lesser or lighter form of punishment.
It does not cancel the conviction, but reduces the severity of the sentence.
Example: Death sentence → Life imprisonment.
Key Provision (Section 474):
The appropriate Government may, without the consent of the person sentenced,
commute the followin