What is the meaning of mercy petition?
Mercy petition is a type of petition which can be filed by an accused to the President asking him to change his order of capital punishment into life imprisonment. A convicted person has the right to seek clemency from the President.
What is mercy petition in Indian Constitution?
Mercy Petition is the last resort of a person when all the remedies available to him/her under the prevailing laws and the Constitution are exhausted. A mercy petition may be filed before the President of India under Article 72 or the Governor of the state under Article 161.
Who takes mercy petition decisions?
Article 161: 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.
What is mercy petition Quora?
Mercy Petition is the last resort in context of Indian Judicial System. When a person lost all the remedies available to him/her under all the prevailing laws and the Constitutional Remedies too then he files Mercy Petition before The President of India or The Governor of the State in which that person resides.
What are the types of petition?
12 TYPES OF PETITIONS IN INDIAN COURT
- Arbitration Petition. These petitions are filed in the Supreme Court of India.
- Civil (Appeal) Petition.
- Contempt Petition (Civil)
- Contempt Petition (Criminal)
- Criminal Appeal Petition.
- Election Petition.
- Original Suit.
- Petition for Special Leave to Appeal.
What is the Article 161?
Article 161 mentions the Pardoning Power of the Governor. When a convict has committed an offence against state law, the concerned punishment can be granted the pardon, reprieve, respite and remission by the Governor of the state.
Under which article is mercy petition?
Suppose the Supreme Court refuses to hear the appeal or upholds the death sentence. In that case, a mercy petition can be submitted to the President of India under Article 72 of the Indian Constitution or to the Governor of state under Article 161 of the Indian Constitution.
How many mercy petition can be filed?
There is no time limit given in these two Articles of the Constitution of India for Mercy Plea. These Articles have no binding effect on the President and the Governors of the states to accept all the Mercy Petitions.
What is clemency plea?
Clemency is the process by which a governor, president, or administrative board may reduce a defendant’s sentence or grant a pardon. Clemencies have been granted in death-penalty cases for a variety of reasons.
What are 2 types of petitions?
What different types of petitions are there?
- Simple petitions.
- Consultation petitions.
- Statutory petitions.
- Petitions for debate.
- Petitions to hold a cabinet portfolio holder to account.
What is meritmercy petition?
Mercy petition is also known as clemency petition. It is the convict’s basic right to ask mercy from the republican head of the State. In India, that is the President. Here is the procedure for mercy petition in India. The judge pronounces the judgement under section 235 of the Criminal Procedure Code.
When does a person file a mercy petition?
When a person lost all the remedies available to him/her under all the prevailing laws and the Constitutional Remedies too then he files Mercy Petition before The President of India or The Governor of the State in which that person resides. Then his Petition will be treated on Mercy not on the legality of the case And so is assumed.
Where can I file a mercy petition in India?
In that case, a mercy petition can be submitted to the President of India under Article 72 of the Indian Constitution or to the Governor of state under Article 161 of the Indian Constitution. Article 72 of the Indian Constitution empowers the President to grant pardon to a person who has been convicted of an offence where the punishment is:
How to file a mercy petition for a death row inmate?
Once the Supreme Court announces its final judgment in a case involving capital punishment, the death row convict may file a mercy petition by approaching the president – directly, or through prison officials, or through the governor of the state where he is imprisoned or via the union home ministry.