Mercy Petition
A mercy petition is a formal request addressed to the President of India (under Article 72) or the Governor of a State (under Article 161) seeking pardon, commutation, reprieve, or remission of a sentence, typically filed after all judicial remedies have been exhausted.
What is a Mercy Petition?
A **mercy petition** is a formal plea for clemency addressed to the **President of India** or the **Governor of a State**, requesting pardon, commutation, reprieve, respite, or remission of a sentence imposed by a court of law. It is typically the **last resort** for a convicted person after all judicial remedies — including appeals and review petitions — have been exhausted.
In simple terms, when a person convicted of a crime has lost all their appeals in court, they can still appeal to the President or Governor for mercy — asking that their sentence be reduced, suspended, or that they be pardoned entirely.
Constitutional Provisions
Article 72: Power of the President
**Article 72(1)** of the Constitution grants the President the power to:
- **Grant pardons** — completely absolve the convict of all charges and consequences.
- **Grant reprieves** — temporarily stay the execution of a sentence.
- **Grant respites** — award a lesser sentence in place of the prescribed one, on special grounds such as pregnancy or physical disability.
- **Remit sentences** — reduce the amount of the sentence without changing its character (e.g., reducing a 10-year sentence to 5 years).
- **Commute sentences** — substitute a less severe form of punishment (e.g., commuting a death sentence to life imprisonment).
**Article 72(1)** applies in cases where:
- The punishment or sentence is by a **court martial** (military court).
- The offence is against a **Union law** (central law enacted by Parliament).
- The sentence is a **sentence of death** — the President has the exclusive power to pardon a death sentence.
Article 161: Power of the Governor
**Article 161** grants the Governor of a State the power to grant pardons, reprieves, respites, and remissions, and to suspend, remit, or commute the sentence of any person convicted of an offence against any **law relating to a matter** to which the executive power of the State extends.
**Key difference:** The Governor **cannot** pardon a death sentence. Only the President has this power. Also, the Governor cannot grant pardon in cases of court martial.
Section 432-435 of CrPC (Sections 473-476 BNSS)
These sections provide for the power of the **appropriate government** (State or Central) to suspend or remit sentences. This is an executive power separate from the constitutional clemency powers under Articles 72 and 161.
The Distinction Between Different Forms of Clemency
| Form | Effect |
|------|--------|
| **Pardon** | Completely absolves the convict — both the conviction and the sentence are wiped out. The person is treated as if they were never convicted. |
| **Commutation** | The nature of the punishment is changed to a lighter form — e.g., death sentence to life imprisonment, or rigorous imprisonment to simple imprisonment. |
| **Remission** | The duration of the sentence is reduced, but the nature remains the same — e.g., 14 years reduced to 7 years. |
| **Reprieve** | A temporary stay of execution — typically granted to allow time for a mercy petition or other proceedings. |
| **Respite** | A lesser sentence is awarded on account of a special circumstance — such as the convict's illness, pregnancy, or extreme old age. |
When Does This Term Matter?
In Death Sentence Cases
Mercy petitions are most commonly associated with **death sentence cases**. After the Supreme Court confirms a death sentence and dismisses the review petition, the convict's final hope lies in a mercy petition to the President. The execution of the death sentence cannot proceed until the President has disposed of the mercy petition.
Landmark death sentence cases where mercy petitions played a crucial role include the cases of Afzal Guru, Yakub Memon, Ajmal Kasab, and the Nirbhaya case convicts.
After Exhaustion of Judicial Remedies
A mercy petition is typically filed after the convict has exhausted all judicial remedies — trial, appeal to the High Court, appeal to the Supreme Court, and review petition. It is the final avenue for relief, grounded not in legal rights but in the executive's power of compassion and mercy.
For Long-Pending Death Row Prisoners
The Supreme Court has held that **inordinate delay** in deciding a mercy petition is itself a ground for commutation. In several cases, death sentences have been commuted to life imprisonment because the President took years or even decades to decide the mercy petition.
Procedure for Filing
1. **Drafting the petition:** The convict (or their family, lawyer, or well-wisher) drafts a petition addressed to the President or Governor, setting out the grounds for clemency.
2. **Submission:** The petition is submitted to the Ministry of Home Affairs (for the President) or the Home Department of the State Government (for the Governor).
3. **Examination:** The petition is examined by the relevant government department, which prepares a note with recommendations.
4. **Advice of the Council of Ministers:** The President acts on the **aid and advice** of the Council of Ministers (Article 74). The Governor similarly acts on the aid and advice of the State Council of Ministers.
5. **Decision:** The President or Governor may grant or reject the mercy petition. There is no obligation to give reasons for the decision.
Grounds Typically Considered
While the Constitution does not prescribe specific grounds, the following factors are typically considered:
- **Nature and gravity of the offence.**
- **Conduct of the convict** in prison — reformation and good behaviour.
- **Mental condition** of the convict at the time of the offence.
- **Age and health** of the convict.
- **Family circumstances** — the impact on dependents.
- **Time already spent** on death row or in prison.
- **Public interest** and the larger implications.
- **Whether the case involves doubt** about guilt or procedural fairness.
Judicial Review of Mercy Decisions
The Supreme Court has established that mercy decisions are **subject to judicial review**, though on limited grounds:
- **Maru Ram v. Union of India (1981) 1 SCC 107:** The Supreme Court held that the power under Article 72 is to be exercised on the advice of the Council of Ministers and is not immune from judicial review.
- **Kehar Singh v. Union of India (1989) 1 SCC 204:** Confirmed that Article 72 is subject to judicial review. The President can examine the evidence afresh and is not bound by the views of the judiciary.
- **Epuru Sudhakar v. Government of Andhra Pradesh (2006) 8 SCC 161:** Laid down specific grounds on which clemency decisions can be challenged — non-application of mind, mala fide exercise, extraneous or irrelevant considerations, and arbitrary or discriminatory exercise of power.
- **Shatrughan Chauhan v. Union of India (2014) 3 SCC 1:** Held that **unreasonable delay** in deciding a mercy petition is a ground for commutation of the death sentence, as the agonising wait on death row constitutes a form of cruel and unusual treatment violating Article 21.
Landmark Cases
- **Kehar Singh v. Union of India (1989):** The Supreme Court held that the presidential pardon power is wide enough to consider the merits of the case afresh, including the evidence.
- **Shatrughan Chauhan v. Union of India (2014):** Commuted the death sentences of 15 convicts whose mercy petitions had been pending for years, holding that delay is a valid ground for commutation.
- **V. Sriharan v. Union of India (2016) 7 SCC 1 (Rajiv Gandhi assassination case):** Raised complex questions about the interplay between the Governor's clemency power and the central government's authority in remission matters.
Frequently Asked Questions
Can the President reject a mercy petition without giving reasons?
Yes. There is no constitutional requirement for the President to give reasons for rejecting a mercy petition. However, the Supreme Court has held that the decision must not be arbitrary, mala fide, or based on extraneous considerations. If challenged, the court may examine the records to determine whether the decision was made properly, even though formal reasons may not have been communicated.
What happens after a mercy petition is rejected?
After the President rejects a mercy petition, the death sentence becomes executable. However, the convict still has the option of filing a **curative petition** before the Supreme Court (the last judicial remedy) or challenging the rejection of the mercy petition itself through a writ petition if there are grounds such as delay, non-application of mind, or new circumstances. The execution cannot proceed until all pending legal proceedings are concluded.
How long does a mercy petition take to be decided?
There is no prescribed time limit. In practice, mercy petitions have taken anywhere from a few weeks to several decades. The Supreme Court in **Shatrughan Chauhan** condemned inordinate delays and held that prolonged delay in deciding a mercy petition violates Article 21 and is itself a ground for commuting the death sentence.
Can a mercy petition be filed more than once?
There is no explicit bar on filing multiple mercy petitions. However, repeated petitions may be viewed as dilatory tactics, and courts have expressed concern about the abuse of the mercy petition process to delay execution indefinitely. The Supreme Court in the **Nirbhaya case (Mukesh v. NCT of Delhi, 2020)** addressed this issue, holding that successive legal remedies used solely to delay execution may be treated appropriately by the courts.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
Commutation
Commutation is the reduction or substitution of a more severe punishment with a less severe one, exercised by the President under Article 72 or the Governor under Article 161 of the Constitution of India.
Parole
Parole is the temporary release of a prisoner from jail before the completion of their sentence, granted on specific conditions and for a limited period under state prison rules.
Habeas Corpus
Habeas corpus is a constitutional writ that directs a person detaining another to produce the detained person before the court and justify the lawfulness of their detention.
Judicial Review
Judicial review is the power of courts to examine and invalidate legislative enactments and executive actions that violate the Constitution or exceed the authority granted by law.
Conviction
Conviction is a formal judgment by a criminal court declaring the accused guilty of the offence charged and imposing a sentence or punishment as prescribed by law.