(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 after the date on which the Superintendent of the
Jail,—
(i) informs him about the dismissal of the appeal 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,
and that may present the mercy petition to the Home Department of the State Government
or the Central Government, as the case may be.
(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 his 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 makes 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 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 Governnment 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 made under
article 72 of the Constitution and it shall be final, and any question as to the arriving of the
decision by the President shall not be enquired into in any Court.
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