1
CRIMINAL PROCEDURE CODE - 1973
&
BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
S.NO: ASSIGNMENT TOPIC PAGE NO:
1 PROVISIONS RELATING TO MERCY PETITIONS IN 3-5
DEATH SENTENCE CASES
2 APPEAL FROM CONVICTION 5&6
3 WRITE IN DETAILS ABOUT REFERENCE TO HIGH 6&7
COURT
S.NO: PRESENTATION TOPIC PAGE NO:
1 DIRECTORATE OF PROSECUTION 8 - 10
2 PUBLIC TO INFORMATION OF CERTAIN OFFENCES 10 - 12
3 IDENTIFICATION OF PERSON ARRESTED 13
4 DISCHARGE OF PERSON APPREHENDED 14
5 DISCHARGE OF OFFENDER ON SUBMISSION OF 15
APOLOGY
PAGE NO:
1 PLAGIARISM REPORT
16
2
ASSIGNMENT TOPIC
1.) Provision relating to mercy petition in death sentence cases.
● The Mercy Petition Under BNSS section 472 .The Bharatiya Nagarik Suraksha
Sanhita (BNSS) 2023 looks to replace the Criminal Procedure Code (CrPC) and
introduces significant changes to the mercy petition process for death sentence
cases. These changes affect center viewpoints like justiciability, time
limits, and the execution process.
● Background on Mercy Petitions:
The Constitution of India granted the President (Article 72) and Governor
(Article 161) the power to give pardons or commute sentences.
In the Supreme Court’s administering in Maru Ram vs. Union of India (1981)1,
it was built up that the President must act based on the Council of Ministers’
exhortation in mercy petitions.
● New Mercy Petition Provision in BNSS:
Under BNSS Section 472(1), convicts can file mercy petitions within a period of
thirty days from the date on which the Superintendent of the jail.
(i) informs him approximately the rejection of the appeal, survey 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 permitted to file an appeal or
a special take off in the Supreme Court has expired
.
Convicts can petition the Governor and President based on
dismissal of appeals or confirmation of sentences.
For cases with different convicts, they all must file petitions within
60 days.
1
AIR 1981 SC 218
3
● The Central government Part of Mercy Petitions:
• The Central Government might, on receipt of the mercy petition seek the
comments of the State Government and consider of the petition along with
records of the case.
• The Government should make recommendations to the President within 60 days.
• At whatever point an the application is made to the appropriate Government for
the suspension or abatement of a sentence, the appropriate Government may
require the presiding Judge of the Court before or by which the conviction was
had or confirmed, to state his opinion as to whether the application ought to be
granted or refused, together with his reasons for such opinion and also to forward
with the statement of such opinion a certified copy of the record of the trial or of
such record thereof as exists.
• When there are the more than one convict in a case, the petitions might be
chosen by the President together in the interests of justice.
• No time limit is specified for the President’s decision.
• 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
Division of the State Government and the Superintendent of the jail or officer in
charge of the jail.
● Exclusion of Appeals against President’s Decision
• BNSS Section 472(7) states that the President’s decisions on Mercy petitions are
final.
• Courts cannot question or review the grounds for President’s pardons or
commutations.
Case law:
● Shankar vs State of Tamil Nadu (2011)2 is a landmark Supreme Court case that laid
down significant guidelines for mercy petitions in India.
2
AIR 2011 SC 1704
4
Case Details:
Case No.: Criminal Appeal No. 1354 of 2009
Date: April 28, 2011
Bench: Justice G.S. Singhvi, Justice A.K. Ganguly
Facts:
Shankar, a convict, was sentenced to death for murder. His mercy petition was
rejected by the President after 11 years. Shankar challenged the rejection, citing
delay and arbitrariness.
Key Holdings:
1. Delay in executing mercy petition: The Court held that undue delay in deciding
mercy petitions can lead to commutation of death sentence to life imprisonment.
2. Arbitrariness in decision-making: The Court emphasized that mercy petitions
should be decided based on well-defined guidelines, not arbitrarily.
3. Right to life: The Court reaffirmed the importance of Article 21 (Right to Life)
in mercy petition cases.
4. Guidelines for mercy petitions: The Court laid down guidelines for considering
mercy petitions, including:
- Consideration of victim's family impact
- Evaluation of convict's remorse and rehabilitation
- Assessment of sentence's proportionality
Impact:
1. Commuted death sentences: The judgment led to commutation of death
sentences in several cases where mercy petitions were delayed.
2. Reformed mercy petition process: The guidelines laid down in this case have
improved the transparency and fairness of the mercy petition process.
3. Precedent for future cases: Shankar vs State of Tamil Nadu has been cited in
numerous subsequent cases, influencing the development of mercy petition
jurisprudence.
2.) Appeal from conviction
● Section 415 of BNSS Act 2023; This section clearly defines the appeal rights for
those convicted in different courts:
● 1. Supreme Court Appeals: Individuals convicted by a High Court in its
extraordinary jurisdiction may appeal to the Supreme Court.
5
● 2. High Court Appeals: Those convicted by a Sessions Judge or similar courts
with sentences exceeding seven years can appeal to the High Court.
● 3. Court of Session Appeals: Convictions from first or second class Magistrates,
or those sentenced under specified sections, are eligible for appeal to the Court of
Session.
● 4. Seasonable Disposal: Appeals related to certain sentences under the Bharatiya
Nyaya Sanhita must be concluded within six months.The section are 64, 65, 66,
67, 68, 70, & 71 of BNSS Act).
● This structure ensures that the appeal process is organized according to the
severity of the convictions.
Case law:
● K.M. Nanavati v. State of Maharashtra (1961) 3
The Supreme Court held that: Appeal courts can re appreciate evidence and come
to its own conclusion.
● Ravindra Singh v. State of Uttar Pradesh (2013) 4
The high Court held that: The Court of Appeal can consider additional evidence
if it's crucial.
3.) Write in detail about reference to high court
● Section 436 of the BNSS Act addresses the process by which courts can refer
questions of law, particularly regarding the validity of Acts, Ordinances, or
Regulations, to the High Court. Here’s a detailed breakdown of its provisions:
● Section 436: Reference to High Court
(1) Reference for Validity of Law:
● If a court is satisfied that a case before it involves a question regarding the
validity of any Act, Ordinance, or Regulation, or a provision therein, which is
necessary for resolving the case, and if the court believes that the law in question
3
AIR 1961 SC 112
4
2013 (1) SCC 413
6
is invalid or inoperative (but has not been declared so by the subordinate High
Court or the Supreme Court), the court must:
○ State a case outlining its opinion and the reasons for it.
○ Refer this case to the High Court for a decision:
● Explanation: In this context, "Regulation" is defined according to the General
Clauses Act, 1897, or the relevant General Clauses Act of a State.
● (2) Discretion of Court of Session:
A Court of Session has the discretion, in cases where the provisions of sub-section
(1) do not apply, to refer any question of law arising during the hearing of such a
case to the High Court for its decision.
● (3) Interim Measures:
When a court makes a reference to the High Court under either sub-section (1) or
(2), it may, pending the High Court's decision, choose to:
Commit the accused to jail, or Release the accused on bail, requiring them to
appear when called upon.
● Summary:
This section establishes a formal process for lower courts to seek clarification
from higher courts on the validity of laws that may affect their cases, thereby
ensuring legal consistency and clarity. It also provides courts the flexibility to
manage the accused's custody while awaiting the High Court's decision.
Case law:
● State of Maharashtra vs. Hind Sangh Rashtriya Swayamsevak Sangh (2001)5
The Supreme Court held that: High Court's power to make reference under
Section 307 CrPC is discretionary.
● Rajendra Prasad vs. State of Bihar (2005)6
The High Court held that: Reference to High Court under Section 307 CrPC is
mandatory in certain cases.
5
(2001) 9 SCC 605
6
(2005) 2 Pat LJR 417
7
PRESENTATION TOPIC
1.) Directorate of Prosecution
● The provided text outlines the roles and structure of the Directorate of Prosecution
as per Section 20 of the BNSS Act, detailing the establishment, appointment
criteria, hierarchical relationships, and the functions of prosecution officials.
Here's a simplified explanation:
(1) Establishment of the Directorate: The State Government can establish:
A Directorate of Prosecution at the state level with a Director and as many Deputy
Directors as required.
A District Directorate of Prosecution in each district with Deputy Directors and
Assistant Directors.
(2) Appointment Criteria for director/Deputy of Prosecution:
Director/Deputy Director of Prosecution: Must have at least 15 years of
experience as an advocate or be a current/former Sessions Judge.
Assistant Director of Prosecution: Must have at least 7 years of experience as an
advocate or be a Magistrate of the first class.
(3) Control under director of Prosecution:
The Director of Prosecution leads the Directorate and reports to the Home
Department of the State Government.
(4) Hierarchy of the Prosecution:
Deputy Directors and Assistant Directors report to the Director of Prosecution.
Assistant Directors are also subordinate to Deputy Directors.
(5) Subordination in High Courts:
8
Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors
working in High Courts (appointed under section 18) are subordinate to the
Director of Prosecution.
(6) Subordination in District Courts:
Public Prosecutors, Additional Public Prosecutors, and Special Public Prosecutors
working in District Courts and Assistant Public Prosecutors (appointed under
sections 18 and 19) are subordinate to Deputy Directors or Assistant Directors.
(7) Director's Powers and Functions:
The Director monitors serious cases (punishable by 10 years or more, life
imprisonment, or death). They expedite proceedings and give opinions on filing
appeals.
(8) Deputy Director's Powers and Functions:
Deputy Directors examine police reports and monitor cases with penalties ranging
from 7 to 10 years for their quick disposal.
(9) Assistant Director's Functions:
Assistant Directors monitor cases where offences are punishable by less than 7
years.
(10) General Authority:
Regardless of the specific functions listed, the Director, Deputy Directors, and
Assistant Directors have the authority to manage all proceedings under the
Sanhita.
(11) State Government's Power to Assign Functions:
The State Government can define additional powers, functions, and areas of
responsibility for the Director, Deputy Directors, and Assistant Directors via
official notification.
(12) Exemption for Advocate General: This section does not apply to the
Advocate General when performing Public Prosecutor functions.
9
Case law:
● State of Maharashtra vs. Sukhdev Singh (1992)7
The supreme court held that: Public Prosecutor's role is not merely to secure
convictions but to ensure justice.
● State of Maharashtra vs. Ramesh Tulsidas Narayan (2005)8
The high court held that: Directorate of Prosecution's role is crucial in ensuring
fair trials.
2.) Public to information of certain offence
● Section 33 of the Bharatiya Nyaya Sanhita, 2023 places a legal obligation on the
public to report certain serious offences to the authorities. Here’s a breakdown of
its provisions:
● (1) Obligation to Report Certain Offences:
● Who is responsible:
Any person who is aware of either the commission or the intention of another
person to commit certain specified offences under the Bharatiya Nyaya Sanhita.
● What must be reported:
The offences covered include those specified under the following sections of the
Bharatiya Nyaya Sanhita, 2023:
● 1. Sections 103 to 105: Related to unlawful assemblies.
● 2. Sections 111 to 113: Pertaining to criminal conspiracy.
● 3. Sections 140 to 144: Concerning waging war, sedition, and actions against the
state.
● 4. Sections 147 to 154 and Section 158: Involving various forms of rioting and
affrays.
7
AIR 1992 SC 2100
8
2005 (3) MhLj 447
10
● 5. Sections 178 to 182: Relating to harboring offenders or public servants
disobeying the law.
● 6. Sections 189 and 191: Offences related to attempts to escape from custody and
unlawful assembly.
● 7. Sections 274 to 280: Related to counterfeiting.
● 8. Section 307: Attempt to murder.
● 9. Sections 309 to 312: Involving actions that could endanger life.
● 10. Sub-section (5) of Section 316: Relating to certain offences involving
weapons and dangerous substances.
● 11. Sections 326 to 328: Involving causing grievous hurt and acts endangering
life.
● 12. Sections 331 and 332: Relating to causing hurt and obstructing public
servants.
● Who to inform:
Information must be given immediately to the nearest Magistrate or police officer.
● Exception:
A person can be excused from this obligation if they have a reasonable excuse.
The burden of proving this excuse lies with the person who is aware of the
offence.
● (2) Definition of "Offence":
For the purposes of this section, the term "offence" includes acts committed
outside of India that would be considered an offence if they were committed
within India.
● Summary:
This section mandates that any person aware of certain serious crimes must report
them to the authorities (Magistrate or police) unless they have a valid excuse,
which they must prove. The offences listed are generally severe, involving threats
to public order, personal safety, and crimes against the state. The provision
11
extends to acts committed outside India if they would be considered offences
under Indian law.
3.) Identification of person arrested
● Section 54 of the Bharatiya Nyaya Sanhita (BNSS) relates to the identification of
a person arrested on a charge of committing an offence. Here’s a detailed below
above:
● Identification Process for Arrested Persons:
1. Necessity for Identification:
When a person is arrested for an alleged offence, and their identification by
another individual (or individuals) is necessary for the investigation, the process is
initiated.
2. Court's Role:
The Court having jurisdiction may be approached upon the request of the officer
in charge of a police station.
The Court has the authority to direct the arrested person to undergo identification
by others, determining the manner in which this identification will occur.
3. Considerations for Disabled Persons:
If the person tasked with identifying the arrested individual is mentally or
physically disabled, there are specific provisions in place. The identification
process must occur under the supervision of a Magistrate. The Magistrate is
responsible for ensuring that the identification is conducted using methods
that are suitable and comfortable for the person identifying the accused. The
identification process for disabled individuals must be recorded using audio-video
electronic means, ensuring transparency and accuracy.
● Summary:
Section 54 establishes a legal framework for the identification of persons arrested
for alleged offences, emphasizing the Court's role in directing the process. It also
includes specific safeguards for persons with mental or physical disabilities,
ensuring their comfort and the integrity of the identification process under the
supervision of a Magistrate. This provision seeks to balance the needs of justice
and the rights of individuals involved in the identification process.
12
4.) Discharge of person apprehended
● Sections 59 and 60 of the Bharatiya Nyaya Sanhita (BNSS) regarding the
reporting of apprehensions and the discharge of arrested persons.
● Section 59: Police to Report Apprehension
1. Reporting Requirement:
Officers in charge of police stations are mandated to report to the District
Magistrate regarding cases of individuals arrested without a warrant within their
station's jurisdiction.
If directed by the District Magistrate, the report may instead be submitted to the
Sub-divisional Magistrate.
2. Scope of Reporting:
This reporting requirement applies to all persons arrested, regardless of whether
they have been granted bail or are being held in custody.
● Section 60: Discharge of Person Apprehended
1. Conditions for Discharge of arrested person:
A person who has been arrested by a police officer cannot be discharged from
custody except in specific circumstances:
On their bond: The individual can be released if they sign a bond (a formal
agreement).
On bail bond: If they provide a bail bond (a guarantee for their appearance in
court), they may also be released.
Under a special order of a Magistrate: A Magistrate can issue a specific order
permitting the release of the individual.
13
5.) Discharge of offender on submission of apology
● Sections 387 of the Bharatiya Nyaya Sanhita (BNSS) regarding the possibility of
discharging offenders upon submission of apologies.
● Section 387: Discharge of Offender on Submission of Apologies
1. Court Discretion:
When a Court has adjudged an offender under Section 384 or forwarded them to a
Magistrate under Section 385, it may choose to discharge the offender or remit the
punishment.
This discharge can occur at the Court's discretion, based on the offender’s
submission to the Court’s order or requisition.
2. Submission of Apologies:
The Court may also discharge the offender if they provide an apology that the
Court finds satisfactory.
● Summary:
Section 387 offers the option for courts to discharge offenders who apologize
satisfactorily, reflecting a degree of leniency based on the circumstances of the
case.
14
BIBLIOGRAPHY
● Bharatiya Nagatil Suraksha Sanhita-2023 (Bare Act)
● https://bprd.nic.in/uploads/pdf/2024012610170535123
16MercyPetitionunderBNSS.pdf
Case law
● Indian kanoon
15
