Section 472 BNSS: Mercy Petition in Death Sentence Cases

Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) lays down a statutory procedure and timelines for mercy petitions by persons sentenced to death. It operates alongside the constitutional clemency powers of the President of India under Article 72 and the Governor of a State under Article 161 of the Constitution of India.

Law in force: The BNSS came into force on 1 July 2024, subject to the commencement notification issued by the Central Government.

In brief: A death-row convict, legal heir or other relative may submit a mercy petition within the period specified in Section 472. The provision also prescribes steps for multiple convicts, consultation between the Central and State Governments, communication of the President's order and related timelines.

What does Section 472 BNSS provide?

Section 472 appears in the BNSS provisions dealing with suspension, remission and commutation of sentences. It specifically addresses mercy petitions in death-sentence cases and creates a structured process for invoking the constitutional powers under Articles 72 and 161.

Section 472 - statutory text

472. Mercy petition in death sentence cases.

(1) A convict under the sentence of death or his legal heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition before the President of India under article 72 or the Governor of the State under article 161 of the Constitution within a period of thirty days from the date on which the Superintendent of the jail, -

(i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme Court; or

(ii) informs him about the date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired.

(2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or disposal by the Governor, the petition shall be made to the President within a period of sixty days from the date of rejection or disposal of such petition.

(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case there are more than one convict in a case, also files the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, Superintendent of the jail shall send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or the State Government for consideration along with the said mercy petition.

(4) The Central Government shall, on receipt of the mercy petition seek the comments of the State Government and consider the petition along with the records of the case and make recommendations to the President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt of comments of the State Government and records from Superintendent of the Jail.

(5) The President may, consider, decide and dispose of the mercy petition and, in case there are more than one convict in a case, the petitions shall be decided by the President together in the interests of justice.

(6) Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours, communicate the same to the Home Department of the State Government and the Superintendent of the jail or officer in charge of the jail.

(7) No appeal shall lie in any Court against the order of the President or of the Governor made under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President or the Governor shall not be inquired into in any Court.

Key timelines under Section 472 BNSS

Stage	Timeline under Section 472
Initial mercy petition after the relevant jail intimation	Within 30 days
Petition to the President after rejection or disposal by the Governor	Within 60 days
Other convicts in the same case	Jail authority is to ensure filing within 60 days and forward prescribed case details if a petition is not received
Central Government recommendation to the President	As expeditiously as possible and within 60 days from receipt of State comments and jail records
Communication of the President's order	Within 48 hours of receipt by the Central Government

Who may file a mercy petition?

Under Section 472(1), the petition may be filed by the convict under sentence of death, the convict's legal heir, or another relative, provided a mercy petition has not already been submitted in the circumstances covered by the provision.

Article 72 of the Constitution - President's clemency power

Article 72 empowers the President of India to grant pardons, reprieves, respites or remissions of punishment, and to suspend, remit or commute sentences in the constitutionally specified classes of cases. This includes cases in which the sentence is a sentence of death.

Article 161 of the Constitution - Governor's clemency power

Article 161 gives the Governor of a State power to grant pardons, reprieves, respites or remissions of punishment, or to suspend, remit or commute sentences, in relation to offences against laws concerning matters to which the executive power of the State extends.

Procedure under Section 472

The jail Superintendent informs the convict of the relevant Supreme Court dismissal or the High Court confirmation and expiry of the period for approaching the Supreme Court, as applicable.
The convict, legal heir or relative may file the mercy petition within the 30-day period specified in sub-section (1).
The petition may first be made to the Governor. If rejected or disposed of, a petition to the President is to be made within 60 days.
Where there are multiple convicts in the same case, the jail authority must coordinate the petitions and send specified information where another convict does not submit a petition within the statutory period.
The Central Government seeks comments from the State Government, considers the records, and makes its recommendation to the President within the period stated in sub-section (4).
After the President's order is received, the Central Government must communicate it to the State Home Department and the jail authority within 48 hours.

Does Section 472(7) completely bar judicial review?

Section 472(7) states that no appeal lies against an order of the President or Governor under Articles 72 or 161 and that the decision is final. This should not be read as eliminating the constitutional courts' settled, limited power of judicial review over the manner in which clemency power is exercised. The Supreme Court has repeatedly recognised that such review is narrow and is concerned with grounds such as non-application of mind, mala fides, irrelevant considerations, exclusion of relevant material, arbitrariness or similar constitutional infirmity; it is not an appeal on the merits of the clemency decision.

Important: A mercy petition is a constitutional remedy distinct from an ordinary appeal, review petition or special leave petition. Section 472 regulates the statutory process and timelines; it does not convert the mercy process into another judicial appeal.

Related BNSS provisions

The sections following Section 472 deal with suspension or remission of sentences, commutation, restrictions on remission or commutation in certain cases, concurrent Central Government power in death-sentence cases, and cases requiring concurrence between the State and Central Governments.

Official legal sources

For the authoritative statutory text and current official material, readers should consult the official India Code, Ministry of Home Affairs and Legislative Department resources linked in the sidebar.

Last reviewed: 12 September 2026.