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11/26/2017 Parole in India

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Parole in India
The Prisons Act of 1894 being Act No. 9 of
1894 has defined the furlough system and
the parole system under Sections 5(A) and
5(B) of the Prisons Act, 1894 which reads
as follows: “5(A) ‘Furlough system‘means
the system of releasing prisoners in jail on
furlough in accordance with the rules for
the time being in force.”

As per section 5(B)Parole system‘ means the system of releasing prisoners in Jail on
parole, by suspension of their sentences in accordance with the rules for the time being in
force.” Section 6 Pursuant to the powers conferred by Clauses 5 and 28 of Section 59 of
the Prisons Act, 1894 (9 of 1894) in its application to the State “. The parole and furlough
rules are part of the penal and prison system with a view to humanize the prison system.
Those rules enable the prisoner to obtain his release and to return to the outside world for
a short prescribed period.

The objects of such a release of prisoner can be read from para 101 of the report
submitted by the All India Jail Manual Committee as also the objects mentioned in Model
Prison Manual. These objects are :parole is essentially an executive function and
instances of release of detenue on parole were literally unknown until this Court and some
of the High Courts in India in recent years made orders of release on parole on
humanitarian considerations. Historically ‘parole‘ is a concept known to military law and
denotes release of a prisoner of war on promise to return.

Parole has become an integral part of the English and American systems of criminal
justice intertwined with the evolution of changing attitudes of the society towards crime
and criminals. As a consequence of the introduction of parole into the penal system, all
fixed term sentences of imprisonment of above 18 months are subject to release on
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parole after a one third of the period of sentence has been served. In those countries,
parole is taken as an act of grace and not as a matter of right and the convict prisoner
may be Released on condition that he abides by the promise. It is a provisional release
from confinement but is deemed to be a part of the imprisonment.

Release on parole is a wing of the reformative process and is expected to provide


opportunity status of the prisoner. Rules are framed providing supervision by parole
authorities of the convicts released on parole and in case of failure to perform the
promise, the convict released on parole is directed to surrender to custody.

What is the technical difference between parole and furlough? The difference between
Parole and Furlough: Undoubtedly, parole and furlough are parts of the penal and prison
system for humanizing prison administration but the two have different purposes.
Furlough is a matter of right but parole is not. Furlough is to be granted to the prisoner
periodically irrespective of any particular reason merely to enable him to retain family and
social ties and avoid ill-effects of continuous prison life.

The period of furlough is treated as remission of sentence. Parole, on the other hand, is
not a matter of right and may be denied to a prisoner even when he makes out sufficient
case for release on parole if the competent authority is satisfied on valid grounds that
release of a prisoner on parole would be against the interest of society or the prison
administration.

Thus, it could not be contended that a prisoner released on parole and surrendering later,
is disqualified for furlough. His application for release on furlough has to be considered on
merits and cannot be rejected at the threshold. Referring to the provisions of Section 59 of
the Prisons Act (9 of 1894) and Rules 4 and 6 of the Prison (Bombay Furlough and
Parole) Rules, 1959, the Supreme Court once again brought out the distinction between
furlough and parole The Court in this case held that underlying object of the rules relating
to ‘parole’ and ‘furlough’ are mentioned in the All India Jail Committee’s Report and the
Model Prison Manual. These two have two different purposes. It is not necessary to state
reasons while releasing the prisoner on furlough but in case of parole, reasons have to be
indicated. Again, release on furlough cannot be said to be an absolute right of the
prisoner. It is allowed periodically under the rules irrespective of any particular reason

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merely with a view to enabling the prisoner to have family association and keep up family
and social ties and avoid ill-effect of continuous prison life. It is treated as a period spent
in prison. But as against this, the period spent on parole is not counted as remission of
sentence. Since the furlough is granted for no particular reason, it can be denied in the
interest of society, whereas parole is to be granted only on sufficient cause being shown.
In the instant case, the accused person had allegedly committed rape on his step-
motherland was convicted for offences punishable under sections 376 and 354 of ГРС
and was sentenced to seven years with fine. Despite objections to the release of offender
on furlough by the District Magistrate and Superintendent of Police, on the ground that he
was likely to disturb peace and tranquility, he was ordered to be released on furlough on
furnishing surety of amount lying in deposit with jail authorities. The State appealed
against the order of the High Court. The Supreme Court held that since Rule 4(4) of the
Bombay Prisoners Furlough Rules provided that furlough can be granted only when
recommended by DM/SP and Rule 6 made it mandatory that unless the prisoner has a
relative willing to receive him while on furlough and enters into a surety bond, he shall not
be granted furlough. As the sister refused to enter into a surety bond, his release on
furlough was Illegal and State Government’s appeal was allowed.

Can a prisoner get parole and furlough if he is serving life imprisonment or death
sentence? How is being out on bail different from release on parole? What is; and how
does it differ from Probation or Parole? What does the acronym stand for? see why you're
confused. Not only do probation and parole both start with the letter "p," but they both
represent ways for people convicted of crimes to avoid doing time. What's more, they're
both conditioned on good behavior -- if the offender messes up, they're shown back to
their cell.

But there is a major procedural difference between probation and parole. Probation is part
and parcel of the offender's initial sentence, whereas parole comes much later, allowing
the offender early release from a prison sentence.

Probation is handed down by the judge at trial. It may be in lieu of jail time or in
combination with some jail time. The judge will specify restrictions on the offender's
activities during the probationary period.

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Parole is granted by a parole board, after the offender has served one third Sentence.
The parole board may consider factors such as the offender's behavior in prison and level
of rehabilitation, and let him or her out early. The parole board can also specify
restrictions on the person's activities while on parole.

See why you're confused. Not only do probation and parole both start with the letter "p,"
but they both represent ways for people convicted of crimes to avoid doing time. What's
more, they're both conditioned on good behavior -- if the offender messes up, they're
shown back to their cell.

But there is a major procedural difference between probation and parole. Probation is part
and parcel of the offender's initial sentence, whereas parole comes much later, allowing
the offender early release from a prison sentence.

Probation is handed down by the judge at trial. It may be in lieu of jail time or in
combination with some jail time. The judge will specify restrictions on the offender's
activities during the probationary period.

Parole is granted by a parole board, after the offender has served some -- or perhaps a
lot of -- time. The parole board may consider factors such as the offender's behavior in
prison and level of rehabilitation, and let him or her out early. The parole board can also
specify restrictions on the person's activities while on parole.

See why you're confused. Not only do probation and parole both start with the letter "p,"
but they both represent ways for people convicted of crimes to avoid doing time. What's
more, they're both conditioned on good behavior -- if the offender messes up, they're
shown back to their cell.

But there is a major procedural difference between probation and parole. Probation is part
and parcel of the offender's initial sentence, whereas parole comes much later, allowing
the offender early release from a prison sentence.

Probation is handed down by the judge at trial. It may be in lieu of jail time or in
combination with some jail time. The judge will specify restrictions on the offender's
activities during the probationary period.
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Parole is granted by a parole board, after the offender has served some -- or perhaps a
lot of -- time. The parole board may consider factors such as the offender's behavior in
prison and level of rehabilitation, and let him or her out early. The parole board can also
specify restrictions on the person's activities while on parole.

See why you're confused. Not only do probation and parole both start with the letter "p,"
but they both represent ways for people convicted of crimes to avoid doing time. What's
more, they're both conditioned on good behavior -- if the offender messes up, they're
shown back to their cell.

But there is a major procedural difference between probation and parole. Probation is part
and parcel of the offender's initial sentence, whereas parole comes much later, allowing
the offender early release from a prison sentence.

Probation is handed down by the judge at trial. It may be in lieu of jail time or in
combination with some jail time. The judge will specify restrictions on the offender's
activities during the probationary period.

Parole is granted by a parole board, after the offender has served some -- or perhaps a
lot of -- time. The parole board may consider factors such as the offender's behavior in
prison and level of rehabilitation, and let him or her out early. The parole board can also
specify restrictions on the person's activities while on parole.

In Indian context Furlough is a matter of right, it is leave given to convict every year. A
prisoner is entitled to be released on furlough for 14 days in a year. It can be extended if
convict provides an appropriate reason. While Parole is not a matter of right, it is a legal
sanction that lets a prisoner leave the prison for a short duration. Parole is a discretionary
power to the prison authorities. At a time, a prisoner can avail 30 days of parole. In a year,
a prisoner can avail 90 days of parole.

A prisoner may be released on parole in certain situations -

1. To visit sick family member

2. Delivery of Child by wife of the convict


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11/26/2017 Parole in India

3. To attend Marriage functions of family member

4. To attend financial or land-related matters in the family.

5. Serious damage to life or property of the family of convict by natural calamities

6. Accident or Death of a family member.

Bail and Parole: Meaning and Difference

Meaning of Bail- bail is some form of property deposited or pledged to a court to


persuade it to release a suspect from jail, on the understanding that the suspect will return
for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to
appear).

Meaning of Parole- parole is the provisional release of a prisoner who agrees to certain
conditions prior to the completion of the maximum sentence period.

There is a clause under Section 438 of the Criminal Procedure Code for anticipatory bail
under Indian criminal law. This clause allows a person to find bail in anticipation of arrest
on allegation of having enacted a non-bailable crime.

When an anticipatory bail has been filled, the opposing party is reveal about the bail
anticipation and the opposition party can contest it in the court. Anticipatory bail is a way
through which a person can be released (issued even before the arrest of a person)

Parole is a provision to release of an arrested person who consents to some situations


before completion of the maximum sentence period. A parole bond is a amount of deposit
property made by the government as a surety that an arrested person will not break the
conditions of his/her release. The prisoner can pay against the parole bond by himself or
he can borrow the amount from his acquaints. The arrested person has an motivation for
good conduct during his custody in order to express he has improved and hence would
not be at big risk of breaking parole. Sometimes the parole bonds are made to use in a
manner to relieve overcrowded prisons.

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JasRaj Rajawat
on 29 July 2016

Published in Criminal Law Other Articles by - JasRaj Rajawat


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