Mercy Petition Timelines Under the BNSS (Section 472) (2026)
What a mercy petition is, the new timelines Section 472 of the BNSS sets for filing and deciding one after a death sentence, and why this is a new codification not present in the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A mercy petition is a convict’s last request to the Governor or the President to spare his life after a death sentence. Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now sets clear timelines for filing and deciding one: 30 days to petition the Governor under Article 161, and 60 days to petition the President under Article 72 if the Governor rejects it. The old Code of Criminal Procedure, 1973 (CrPC) had no such codified procedure. It is procedure, so it carries no punishment. Last verified October 2026.
- What it is: Section 472 of the BNSS codifies the mercy petition procedure and timelines after a death sentence.
- To the Governor: within 30 days of being told the courts are done, under Article 161.
- To the President: within 60 days of the Governor’s rejection, under Article 72.
- Decision communicated: within 48 hours of being made; the President’s decision is final and not appealable.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts and forums.
01The problem: endless delay on death row
After the courts confirm a death sentence, the convict can still ask for mercy from the Governor and the President. This is a constitutional right, but for years it had no fixed procedure or timeline. Mercy petitions sat for long periods, and the uncertainty cut both ways, for the convict and for the victim’s family.
Long delay in deciding a mercy petition has itself been treated by courts as relevant to how a death sentence is carried out. A clear timeline helps bring order to a stage that used to drift.
Section 472 of the BNSS now codifies the mercy petition process. People searching "mercy petition india" or "death row mercy petition bnss" are looking for it.
02What Section 472 covers
Section 472 sets out who may file a mercy petition, when, and how the decision is to be processed, after a death sentence is final. A convict under sentence of death, or his legal heir or relative, may submit a mercy petition. The jail superintendent has duties to inform the convict and to forward the petition.
The petition goes first to the Governor of the State under Article 161 of the Constitution. If the Governor rejects it, a further petition may go to the President under Article 72. The provision fixes windows for each step and requires the decision to be communicated quickly once made.
A procedure provision, not an offence
Section 472 does not create any crime and carries no punishment of its own. It governs the mercy stage after a sentence is already passed. The death sentence itself comes from the offence the convict was tried for, not from this section.
03The timelines, step by step
The core of Section 472 is its timeline. In plain terms:
- 30 days to the Governor: the convict or a relative may submit a mercy petition to the Governor under Article 161 within 30 days of being told by the jail superintendent that the Supreme Court has finally disposed of the appeal, review, or special leave petition, or that the time to approach the Supreme Court has expired.
- 60 days to the President: if the Governor rejects the petition, a further petition may be submitted to the President under Article 72 within 60 days of receiving that rejection.
- Communicate within 48 hours: once a decision on the petition is made, the Central Government communicates it to the State and the jail authorities within 48 hours.
Where there is more than one convict in a case, the petition is to be dealt with together for all of them. The President’s decision on a mercy petition is final, and the provision states that no appeal lies in any court against the order.
04A new codification, not a renumbering
Section 472 has no direct CrPC equivalent in substance. The CrPC did not lay down this mercy petition procedure with timelines. The power of the Governor and the President to grant mercy flows from the Constitution, and Section 472 now adds a statutory procedure and clock around it.
| Old law | New law (BNSS, 2023) | Subject |
|---|---|---|
| No codified procedure in the CrPC | Section 472 | Mercy petition procedure and timelines after a death sentence |
Because it is a new codification, the exact working of the timelines will be shaped by practice and by the courts. For the wider picture of the 2024 codes, see the new criminal laws of 2024.
05What changed from the old law
The big change is certainty. The constitutional power to grant mercy is unchanged, but Section 472 now wraps it in fixed steps and periods: 30 days to the Governor, 60 days to the President, and a 48-hour window to communicate a decision. Earlier, none of this was spelled out in the code.
This fits the BNSS theme of fixed timelines across the criminal process. For a plain comparison of the shifts, see BNSS vs CrPC key changes. The constitutional pardon powers themselves remain with the Governor and the President and are not cut down by this section.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Death sentence and mercy matters turn on a long chain of judgments, from the trial to confirmation to the Supreme Court, and the mercy stage runs on tight clocks. Claw helps on both the research and the tracking side. You can search 30 crore+ judgments by section, party, or advocate, with results in under 5 seconds, to trace the appeals and confirmation history. You can then track cases, orders and hearings across 9,102 courts and forums, including the High Courts and the Supreme Court, with automatic updates, cause lists, and WhatsApp and email alerts. See case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models. Claw is a research and tracking tool. It does not file the mercy petition and does not replace legal advice.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 472 and take advice from counsel before you act.
08Frequently asked questions
What is Section 472 of the BNSS?
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023 codifies the procedure and timelines for a mercy petition after a death sentence. A convict, or a relative, may petition the Governor under Article 161 within 30 days, and the President under Article 72 within 60 days if the Governor rejects it.
What are the mercy petition timelines under the BNSS?
A mercy petition may be submitted to the Governor within 30 days of the jail superintendent informing the convict that the courts are done. If rejected, a petition may go to the President within 60 days. Once a decision is made, it must be communicated to the jail authorities within 48 hours.
Does Section 472 replace a CrPC provision?
Not in substance. The old Code of Criminal Procedure, 1973 did not lay down this mercy petition procedure with timelines. The pardon powers come from Articles 161 and 72 of the Constitution, and Section 472 now adds a statutory procedure and clock around them.
Can the President’s decision on a mercy petition be appealed?
The provision states that the President’s decision on a mercy petition is final and that no appeal lies in any court against the order. Confirm the current position against the official text before relying on it.
Does Section 472 carry a punishment?
No. Section 472 is a procedure provision that governs the mercy stage after a death sentence is already final. It does not create an offence or a sentence. The death sentence itself comes from the offence the convict was tried for.
Can I track a death sentence or mercy matter in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts and forums, including the High Courts and the Supreme Court, with automatic updates and alerts. You can also search 30 crore+ judgments to trace the appeals and confirmation history. Claw does not file the petition or give legal advice.