CURRENT AFFAIRS
CURRENT AFFAIRS
Description
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which is intended to replace the Criminal Procedure Code (CrPC), makes changes to the mercy petition process in death penalty cases. These modifications address critical issues such as justiciability, time constraints, and the time between rejection and execution. Unlike previous recommendations, the BNSS clause does not require the President to follow the advice of the Council of Ministers in death penalty cases. Within 30 days of specified triggers, convicts can file mercy petitions with the President or the State Governor.
The Central Government considers these petitions and makes suggestions to the President within 60 days. However, the BNSS does not prescribe a time frame for the President's decision, which raises problems. The section also prohibits judicial review of the President's decision, which contradicts established legal precedence. Notably, the proposed BNSS lacks a precise time interval between rejection and execution, a protection recognized in previous judgements.
What changes does the BNSS make to the mercy petition process in death penalty cases?
The BNSS modifies the mercy petition process by removing the need that the President adopt the advice of the council of ministers. It allows convicts to file mercy petitions within 30 days based on specified triggers, with the President and the State Governor having the authority to examine these requests.
What causes a convicted person to file a mercy petition under the BNSS?
Convicts may file a mercy petition after the Jail Superintendent tells them of the Supreme Court's dismissal of their appeal or the High Court's confirmation of the death sentence, as well as the expiration of the deadline to appeal. This starts the mercy petitions process.
What is the BNSS's policy on mercy requests involving several convicts?
When there are numerous convicts in a case, the superintendent guarantees that all convicts file a mercy plea within 60 days. If a criminal fails to cooperate, the superintendent transmits their information and case records to the Central or State Government for review.
What is the Central Government's participation in the BNSS mercy petition process?
Within 60 days, the Central Government analyzes mercy petitions, solicits input from state governments, and provides recommendations to the President. The BNSS, however, does not set a time restriction for the President to act on these recommendations.
What effect does the BNSS provision have on judicial review of the President's decision?
The proposed BNSS provision expressly prohibits any legal challenge to the President's judgment on compassion pleas. This is in contrast to past legal practice, which permitted judicial review on numerous grounds such as mala fide intents or failure to evaluate important materials.
Is the BNSS concerned about the time lag between mercy petition denial and execution?
The proposed BNSS, unlike previous judgements, does not prescribe a time constraint between the rejection of a mercy petition and execution. This raises issues about the convict's mental and emotional preparation, which was found necessary in previous court judgements.
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