- The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 proposes to replace the Criminal Procedure Code (CrPC) and make significant modifications to the mercy petition process in death penalty cases.
- These modifications have an impact on fundamental factors such as justice, time constraints, and the execution procedure.
Background Information about Mercy Petitions
- The President (Article 72) and Governor (Article 161) were given the authority to grant pardons or commute sentences by the Constitution.
- The Supreme Court ruled in Maru Ram vs. Union of India (1981) that the President must act in mercy petitions based on the advice of the Council of Ministers.
The BNSS now includes a new provision for mercy petitions.
- Convicts may file mercy petitions within 30 days after certain incidents, according to BNSS Section 473(1).
- Convicts can petition the President or Governor to have their appeals dismissed or their punishments confirmed.
- In cases involving many convicts, everyone must file petitions within 60 days.
The Role of the Centre in Mercy Petitions
- Within 60 days, the Centre solicits input from the state government, examines the matter, and provides recommendations to the President.
- There is no time restriction for the President’s decision.
Appeals Against the President’s Decision Are Excluded
- According to BNSS Section 473(7), the President’s decisions on mercy pleas are final.
- Courts are not permitted to question or review the grounds for the President’s pardons or commutations.
- Unlike the Shatrughan Chauhan vs. Union of India (2014) decision, which required a 14-day break between the denial of mercy petitions and execution, the BNSS does not have such a provision.
Delay in Disposal of Mercy Petition
- The Shatrughan Chauhan case underlined the need of avoiding unnecessary delays in the disposition of mercy petitions.
- The BNSS does not have a time restriction for the President to decide on mercy requests.
@the end
- Changes to mercy petitions suggested by the BNSS raise issues about transparency, judicial review, and the safeguarding of inmates’ rights.
- In these suggested adjustments, balancing constitutional authority with swift justice remains a difficulty.
Source: https://indianexpress.com/article/explained/explained-law/changes-bnss-mercy-petitions-8919188/