Article 49 The President's power of pardon and mercy
Prerogative of mercy
It is the final safety valve in the criminal justice system, especially for people facing the death penalty. Because it is exercised on government advice, how it is used is a question of public accountability.
A court or tribunal convicts a person and passes a sentence. The convicted person may appeal through the normal court hierarchy, up to the Appellate Division. Article 49 does not interfere with that process; it becomes relevant once the sentence stands or alongside it.
The convicted person, or their family, submits a written petition for mercy. It usually explains personal circumstances, health, conduct in prison or other reasons why the sentence should be reduced, suspended or set aside, and is sent through the prison and government authorities.
Officials gather reports and the file reaches the Prime Minister. Under Article 48(3), the President acts on the Prime Minister's advice, so the government's recommendation in practice decides the outcome. The advice itself cannot be examined by a court.
The President may grant a pardon, a reprieve or a respite, or remit, suspend or commute the sentence. A death sentence might be commuted to imprisonment, or a prison term shortened. If mercy is refused, the sentence is carried out as ordered by the court.
In plain English
How Article 49 works
Article 49 gives the President the power of mercy. The President can grant a pardon, which removes the punishment, a reprieve, which postpones it, or a respite, which delays or softens it in special circumstances. The President can also remit (reduce), suspend or commute (change to a lighter form) any sentence passed by any court, tribunal or other authority. Because of Article 48(3), the President uses this power on the Prime Minister's advice, so in practice the government decides. Mercy is not a retrial: it does not decide whether a person is guilty, but it can spare a convicted person from some or all of the punishment.
In practice
Mercy petitions are most often filed by people sentenced to death after their final appeals fail, but the power covers any sentence by any court, tribunal or other authority. Because the President acts on the Prime Minister's advice, the decision is, in substance, an executive one taken by the elected government. During the 2025 national consensus talks, political parties were reported to have agreed on reform of presidential clemency powers. That is a proposal only: as of 2026 reporting no constitutional amendment had been enacted, and Article 49 applies as printed.
The text
What Article 49 says
49. The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
History
Amendments
- Twelfth Amendment 1991Chapters I, II and III of Part IV were substituted for the former Chapters I and II by section 3 of Act XXVIII of 1991, restoring the parliamentary system of government.
Connected provisions
Related articles
Questions
Article 49: frequently asked questions
Can the President of Bangladesh pardon a convicted person?
Yes. Article 49 lets the President grant pardons, reprieves and respites and remit, suspend or commute any sentence passed by any court, tribunal or other authority. Under Article 48(3), the President exercises this power on the advice of the Prime Minister.
What is the difference between a pardon and commutation?
A pardon removes the punishment entirely. Commutation replaces the sentence with a lighter kind, for example a death sentence with imprisonment. Remission reduces the length of a sentence without changing its nature, and a reprieve postpones its execution for a time.
Sources
- Constitution of the People's Republic of Bangladesh, Article 49 (Laws of Bangladesh)
- Prothom Alo English: Consensus reached on 12 fundamental reform proposals (29 July 2025)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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