BNSS §472
petition in death sentence cases. Power to remit
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Comparison
431. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub-section
(1) of section 421, after the words and figures “under section 357”, the words and figures “or an order for payment of costs under section 359” had been inserted. E.—Suspension, remission and commutation of sentences
472.
(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 from the date on which the Superintendent of the jail,— (i) informs him about the dismissal of the appeal, review 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.
(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 such 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 files 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 the 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 Period of detention undergone by accused to be set off against sentence of imprisonment. Return of warrant on execution of sentence. Money ordered to be paid recoverable as a fine. Mercy petition in death sentence cases. 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 Government 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 or of the Governor made under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President or the Governor shall not be inquired into in any Court.
What changedAI-inferred
Money ordered to be paid recoverable as fine — BNSS 472 introduces removal of mercy petition filing time-bar.
Old position
CrPC 431 is concerned with Money ordered to be paid recoverable as a fine. E.–Suspension, remission and commutation of sentences. Money ordered to be paid recoverable as a fine
New position
BNSS 472 modifies the framework. Topic: petition in death sentence cases. Power to remit. 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
BNSS 472 modifies CrPC 431. Money ordered to be paid recoverable as fine — BNSS 472 introduces removal of mercy petition filing time-bar. BNSS 472 text: 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...
Editorial deltaAI-indicated (source-linked)
The mapping crpc-431 -> bnss-472 does not, on the supplied bare-act extracts, reflect a successor relationship. CrPC 431 dealt with the recovery as a fine of money (other than a fine) payable by virtue of any order under the Code, with a proviso about section 421's application to costs orders under section 359. BNSS 472 deals with a wholly different subject - mercy petitions by a death-sentence convict to the President of India under article 72 or to the Governor of the State under article 161, with thirty-day filing windows running from various jail-superintendent communications. The operative subject matter, triggers, beneficiary class and constitutional grounding all diverge with no shared operative spine. If the recovery-as-fine rule of CrPC 431 is later text-located in another BNSS section, this edge may be reclassified to repealed_partly_relocated; the present mapping should be treated with caution.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, CrPC 431 continues to apply. For matters from that date forward, BNSS 472 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BNSS 472 (petition in death sentence cases. Power to remit). The relationship is classified as modified — see the change-note above for the textual delta.
Sources
- India Code — Code of Criminal Procedure, 1973
- Gazette of India — Bharatiya Nagarik Suraksha Sanhita, 2023
Cite this page
Newlaws.in, CRPC §431 → BNSS §472 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bnss/472.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.