4/4/23, 8:55 PM Parole in India and laws related to it - iPleaders

Introduction
Parole is an important aspect of the criminal justice system. Parole generally refers to a
prisoner’s temporary or permanent release before the end of a sentence in exchange for
good behaviour. It is a type of consideration given to prisoners in order to assist them in
reintegrating into society. It is nothing more than a tool for the prisoner’s social
rehabilitation. However, in recent years, the paradigm has shifted dramatically, with the
wealthy and powerful using parole to avoid serving a prison sentence. In contrast, there are
thousands of other convicts whose appeals for parole are ignored, because they are poor
and powerless, they do not have the resources to use the process or they are unfairly
denied the benefit for weak reasons.

Meaning of parole
The word parole is derived from the French phrase “je donne ma parole”, which means “I
give my word,” and its dictionary definition is “word of honour”. Treatment in the form of
monitoring, direction, and help is ideal for parole. While it is correct that all released
prisoners benefit from parole officials’ supervision, the benefit to society as a whole would
be significant if all prisoners were kept under tight monitoring during the time of adjustment
following their release. A prisoner who spends nearly a decade behind bars loses connection
with the outside world regarding transportation, purchasing basic necessities, renting a
house/shop, etc, but he acquires a set of distinct everyday living skills that must be
unlearned by the prisoner.

The concept of parole has its origins in military law. The interim release was provided to
prisoners of war so that they might return to their families and live as members of society
for a period of time, with the promise of returning when the time period was over. With the
passage of time, parole became an element of India’s criminal justice system, allowing
inmates to participate in society for a period of time. It could only be granted to a prisoner
if he or she had already served a portion of his or her sentence.

Background of the concept of parole

The idea of parole finds its roots in the positivist school of Law. Samvel G. Howe, a Boston
criminal reformer, used the phrase “parole” in a correctional context in 1847. People are
free to select their own behaviour, according to the Classical School of Philosophy. An
offender constantly calculates his gain, his pleasure, at the expense of others’ anguish when
committing any crime. As a result, he must be punished. However, the Positivist school
maintained that circumstances drove people to commit crimes. As a result, he has to be
rehabilitated. The idea of parole evolved from there. It gives the prisoner a second chance
to reform himself. Although the offender may have committed a crime, it is not desirable
that he be forever stigmatized and denied the opportunity to rehabilitate himself.

The objective of allowing parole

Parole gives the prisoner a second chance to reform himself. Although the offender may
have committed a crime, it is not desirable that he be forever stigmatized and denied the
opportunity to rehabilitate himself. It’s a way of assisting the inmate in becoming a law-
abiding citizen while also guaranteeing that he doesn’t misbehave or return to criminal
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activity. The paroling function could be useful as a “safety valve” to help keep jail
populations in check in proportion to capacity, avoiding the dangers and costs of
overcrowding. 

Parole is a rehabilitative procedure that aims to change the qualities of such people. The
goal of this correctional approach is fulfilled if the delinquent demonstrates that he can
change his ways and will stop criminal actions that are harmful to the community, as well as
if he displays an overall improvement in his character and behaviour.

The idea of parole, as established in the case of Budhi v. State of Rajasthan (2005), serves
three purposes:

1. As a motivator for prison inmates to change their ways.

2. Ensure that the prisoners’ family relationships are as intact as possible, as they may be
prone to fracture as a result of the prisoner’s protracted confinement.
3. Assist the offenders in gradually assimilating into society and adapting to its folds.

The following was stated in the landmark case of Charanjit Lal vs. State of Delhi 28 (1985):

1. Deterrence, prevention, retribution, and reformation are the four basic goals that a state
hopes to achieve by punishing an offender.
2. Life offenders should be considered for periodic release from prison, and opportunities
should be provided for them to not only handle their personal and family problems but
also to retain their ties to society.
3. They must be allowed to breathe fresh air for at least a short period of time, provided
that they maintain good behaviour throughout their confinement and show a want to
mend and become good citizens.
4. While they are serving a sentence in jail, the redemption and rehabilitation of such
inmates for the good of society must be given fair consideration.

Application in India
The laws enacted under the Prison Act of 1894 and the Prisoner Act of 1900 govern the
award of parole in India. Each state has its own set of parole guidelines, which differ slightly
from one another. The Prisons (Bombay Furlough and Parole) Rules, 1959, were issued
under Section 59(5) of the Prisons Act, 1984, which gives the government the right to make
rules. Furlough is granted as a good conduct remission to break up the monotony of jail.
Furlough is a conditional release from prison that is granted in the case of long-term
imprisonment. The prisoner does not have to serve the remainder of his or her term on
furlough, as is the case with parole. 

Custody and regular parole are the two kinds of parole. Certain types of convicts, such as
those convicted of crimes against the state or who pose a threat to national security, non-
Indian citizens, and others, are not eligible for parole. People convicted of murder, rape of
children, multiple murders, and other crimes are likewise exempt unless the issuing
authority decides otherwise.

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Eligibility for the grant of parole

According to the 2010 Parole/Furlough Guidelines, to be eligible for parole: 

1. A convict must have served at least one year in jail, excluding any time spent in
remission.
2. The prisoner’s behaviour had to be uniformly good.
3. The criminal should not have committed any crimes during the period of parole if it was
granted previously.
4. The convict should not have broken any of the terms and restrictions of his or her
previous release.
5. A minimum of six months should have passed since the previous parole was terminated.

The procedure followed when a prisoner requests parole

After an inmate requests parole, the jail authority (Superintendent) requests a report from
the police station that conducted the arrest, as is standard protocol. The report, along with
all additional documents such as a medical report (in the case of illness as a justification for
parole), and the Superintendent’s recommendation, is then given to the Deputy Secretary,
Home (General), State Government, who makes the final decision on the application. In
some states, the application is referred to the Inspector General of Prisons along with the
police report and recommendation, who then considers it before the District Magistrate. The
decision is made by the State Government in collaboration with the District Magistrate.

Does CrPC cover the concept of parole?

The Power to Suspend or Remit Sentences is covered by Section 432 of the Criminal
Procedure Code, 1973. In Sunil Fulchand Shah v. Union of India (2000), the Supreme Court
said explicitly that “parole does not amount to suspension of sentence.” As a result, it is
evident that Section 432 of the Criminal Procedure Code does not apply to parole.

Because there are no sections in the Code of Criminal Procedure, 1973, that deal with
parole, and because there is no unified legislation in India that deals with it, individual
states have their own laws governing it. As a result, there is some ambiguity when it comes
to concerns about parole. Unlike the United States of America or the United Kingdom, India
lacks codified parole legislation, and the power to decide on parole issues is drawn solely
from these statutes and judgments.

Types of parole in India

Custody parole or emergency parole

Custody parole is provided in emergency situations. Except for foreigners and those serving
death sentences, all convicted persons may be eligible for emergency parole for 14 days for
reasons such as the death of a family member (which includes grandparents, father, mother,

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spouse, son, daughter, brother, sister) and the marriage of a family member (which includes
son, daughter, brother, sister), provided that emergency parole cannot be extended. 

The Superintendent of jail grants parole, which is subject to verification of the

circumstances from the concerned police station. Depending on the offence committed by
the prisoner and his behaviour during his stay, the authority approving emergency parole
will determine whether to give parole under police escort or with a condition to report daily
to the local police station. Prior to his parole release, the prisoner will be responsible for the
costs of a police escort. Except in the case of the death of his nearest relatives, a prisoner
may not be released on regular or emergency parole for a period of one year after the
expiration of his previous emergency or regular parole.

Regular parole
Except in exceptional circumstances, offenders who have served at least one year in prison
are eligible for regular parole for a maximum of one month. It is awarded for a variety of
reasons, including:

1. A family member’s (which includes father, mother, spouse, son, daughter) serious illness

2. A family member’s death or an accident. (same as custody parol, as stated above)
3. A member of the family marries.
4. The convict’s wife gives birth to the child (except for high-security risk prisoners).
5. Maintain social or familial ties.
6. Natural calamities cause serious harm to the convict’s family’s life or possessions.
7. Continue to file a Special Leave Petition.

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