Section 472 of BNSS : Section 472: Mercy petition in death sentence cases.

Explanation using Example

Example 1:

Scenario: Rajesh, a convict sentenced to death for a heinous crime, has exhausted all his legal appeals up to the Supreme Court, which has dismissed his appeal.

1. Notification: The Superintendent of the jail informs Rajesh about the dismissal of his appeal by the Supreme Court.
2. Filing Mercy Petition: Rajesh, or his legal heir, files a mercy petition to the Governor of the State within 30 days of being informed.
3. Governor's Decision: The Governor reviews the petition and rejects it.
4. Next Step: Rajesh then files a mercy petition to the President of India within 60 days from the date of the Governor's rejection.
5. Central Government's Role: The Central Government receives the petition, seeks comments from the State Government, and considers the petition along with the case records.
6. Recommendation: The Central Government makes a recommendation to the President within 60 days of receiving the State Government's comments.
7. President's Decision: The President reviews and decides on the mercy petition.
8. Communication: The Central Government communicates the President's decision to the State Government and the Superintendent of the jail within 48 hours.
9. Finality: The decision of the President is final and cannot be appealed in any court.

Example 2:

Scenario: Sunita, another convict sentenced to death in the same case as Rajesh, has not filed a mercy petition.

1. Notification: The Superintendent of the jail informs Sunita about the dismissal of her appeal by the Supreme Court.
2. Filing Mercy Petition: Sunita does not file a mercy petition within the stipulated time.
3. Superintendent's Action: The Superintendent of the jail sends Sunita's details, including her name, address, and case records, to the Central Government for consideration along with Rajesh's mercy petition.
4. Central Government's Role: The Central Government seeks comments from the State Government and considers Sunita's case along with Rajesh's petition.
5. Recommendation: The Central Government makes a recommendation to the President within 60 days of receiving the State Government's comments.
6. President's Decision: The President reviews and decides on both Rajesh's and Sunita's cases together in the interest of justice.
7. Communication: The Central Government communicates the President's decision to the State Government and the Superintendent of the jail within 48 hours.
8. Finality: The decision of the President is final and cannot be appealed in any court.