MULTIDIMENSIONAL VIEW ON MERCY

Abstract

The word mercy came from Anglo-French merci and Medieval Latin Merced, merces it is a broad term which refers to as forgiveness or giving apology. In courts too some amount of mercy could be granted by the judge to the convict by reducing his or her awarded sentence, if the justice thinks that he or she has really repentance for the deed he or she has committed. Under Article 161 of constitution of India a convict has a right to make a mercy petition to the governor and under Article 72 to the president of India. And also it made clear in Section 12 of the contempt of courts Act makes it clear that the accused of contempt of court may be discharged or the punishment awarded maybe remitted on apology being made to the satisfaction of the court1 . For example in Rajiv Gandhi assassination case all the three convict Murugan, Santhan and Perarivalan were accepted mercy and thus their capital punishment got reduced to life sentence. But it is not compulsory in every 0case. Which is been cleared in M.C Mehta versus Union of India, apology tendered by the contemnor was not the product of remorse was rejected on the ground that it was not the product of remorse or condition. The court has made it quite clear that an apology is not a weapon of defence to purge the guilty of the contemnor. It must be sought at the earliest opportunity.