Mercy Petition Law In India
Channel: MentorTalk
Date: 2020-08-25

The process of mercy petitions in India has always remained a subject of interest and debate. Recently, we found Nirbhaya case convicts moving the President of India for pardoning their death sentence.  A convict sentenced by the court of law can make a mercy petition to the President of India as the very last and final constitutional recourse or remedy. Let us try to understand the concept of mercy petition in India. #MercyPetition #MentorTalk #HemantBatra

Article 72 of the Indian Constitution, empowers the President of India to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—
(a) in all cases where the punishment or sentence is by a Court Martial;
(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;
(c) in all cases where the sentence is a sentence of death.

Correspondingly, the power to grant pardon is conferred upon the Governors of States as well under Article 161 of the Constitution of India. However, the Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.