Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mercy Petitions
Mains level: Not Much
Central Idea
- The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 seeks to replace the Criminal Procedure Code (CrPC) and introduces significant changes to the mercy petition process for death sentence cases.
- These changes impact core aspects like justiciability, time limits, and the execution process.
Background on Mercy Petitions
- The Constitution granted the President (Article 72) and Governor (Article 161) the power to grant pardons or commute sentences.
- In the Supreme Court’s ruling in Maru Ram vs. Union of India (1981), it was established that the President must act based on the Council of Ministers’ advice in mercy petitions.
New Mercy Petition Provision in BNSS
- Under BNSS Section 473(1), convicts can file mercy petitions within 30 days after specific events.
- Convicts can petition the President or Governor based on dismissal of appeals or confirmation of sentences.
- For cases with multiple convicts, they all must file petitions within 60 days.
Centre’s Role in Mercy Petitions
- The Centre seeks the state government’s comments, reviews the case, and makes recommendations to the President within 60 days.
- No time limit is specified for the President’s decision.
Exclusion of Appeals against President’s Decision
- BNSS Section 473(7) states that the President’s decisions on mercy petitions are final.
- Courts cannot question or review the grounds for President’s pardons or commutations.
- Unlike the Shatrughan Chauhan vs. Union of India (2014) ruling that mandated a 14-day gap between the rejection of mercy petitions and execution, BNSS doesn’t mention such a provision.
Delay in Mercy Petition Disposal
- The Shatrughan Chauhan case highlighted the need to avoid undue delay in mercy petition disposal.
- BNSS lacks a time limit for the President to decide mercy pleas.
Conclusion
- The proposed BNSS’s alterations to mercy petitions raise concerns about transparency, judicial review, and the protection of prisoners’ rights.
- Balancing constitutional powers with timely justice remains a challenge in these proposed changes.
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