Parole is a temporary release of a prisoner before the completion of their sentence, subject to specific conditions. It is not a right but a privilege, granted under exceptional circumstances such as illness, family emergencies, or good behavior. Parole reflects the humanitarian and reformative approach of the Indian criminal justice system.
What is Parole?
- Parole is the conditional release of a convict from prison for a short duration, allowing them to reintegrate temporarily into society.
- It is granted for urgent personal reasons or on grounds of good conduct in prison.
- The convict remains under government supervision and is expected to return to jail after the parole period ends.
Legal Basis of Parole in India
- Parole is not governed by a single statute, but by state prison manuals, Prison Acts, and Supreme Court guidelines.
- Different states have their own rules, such as:
- Delhi Prison Rules, 2018
- Maharashtra Prisons (Parole and Furlough) Rules, 1959
- Punjab Jail Manual
- The Code of Criminal Procedure, 1973 (CrPC) does not directly deal with parole but relates to suspension or remission of sentences under Section 432 and 433 CrPC.
Objectives of Granting Parole
- To maintain the human dignity of prisoners by allowing them to meet family during emergencies.
- To provide opportunities for reform and rehabilitation.
- To allow prisoners to attend to urgent personal matters.
- To serve as an incentive for good behavior in prison.
Types of Parole
1. Custody Parole (Emergency Parole)
- Short-term release (usually 14–21 days).
- Granted for emergencies like:
- Death of a family member
- Marriage of children
- Serious illness of a close relative
2. Regular Parole
- Granted on the basis of good conduct in prison.
- Used for longer durations and may be extended.
- Convict may apply once every six months to a year depending on state policy.
Eligibility for Parole
Parole may not be granted to:
- Habitual offenders
- Terrorists or persons involved in anti-national activities
- Convicts of heinous crimes like rape or murder (in certain states)
- Prisoners involved in jail disturbances
Procedure for Granting Parole
- Application is made by the prisoner or family member to the Superintendent of Jail.
- It is forwarded to the District Magistrate or State Government.
- Verification of facts, police report, and prison conduct records are considered.
- Final order is passed by the competent authority.
Conditions Attached to Parole
- Must not leave jurisdiction without permission.
- Must report to local police station regularly.
- Cannot engage in criminal activity during parole.
- Return to prison on the due date without fail.
Important Case Laws
Sunil Fulchand Shah v. Union of India (2000)
The Supreme Court held that parole is not a matter of right, but may be granted under specified legal circumstances.
State of Haryana v. Mohinder Singh (2000)
Court emphasized that parole cannot be claimed as a matter of right and must be balanced against societal interest and prisoner’s reformation.
Difference Between Parole and Furlough
| Basis | Parole | Furlough |
|---|---|---|
| Purpose | Emergency situations | Periodic leave |
| Frequency | As needed | Fixed interval basis |
| Duration | Shorter | Usually longer than parole |
| Eligibility | Need-based | Conduct-based |
| Application Reason | Must justify urgency | No need for specific reason |