Ask the ConstitutionAll articles

Article 72

Part V — The Union · Constitution of India

Article 72

Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases. (1) The President 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— (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. (2) Nothing in sub-clause (a) of clause (1) shall affect the power conferred by law on any officer of the Armed Forces of the Union to suspend, remit or commute a sentence passed by a Court Martial. (3) Nothing in sub-clause (c) of clause (1) shall affect the power to suspend, remit or commute a sentence of death exercisable by the Governor of a State under any law for the time being in force.

In plain wordsMercy sits with the President, who can pardon, reprieve, or reduce any sentence, including every death sentence and punishments handed down by courts martial. A convict on death row files a mercy petition under this power, and it is the last legal door after the courts have finished.
Ask a question about Article 72 →