PAROLE AS A CORRECTIONAL DEVICE

Definition and Concept Parole is a conditional release of a prisoner before the completion of
their sentence, with the intent of their rehabilitation and reintegration into society.

Significance of Parole in Modern Penology Parole is universally accepted as an appropriate

method for the reformation and rehabilitation of offenders. It helps prisoners to transition
gradually into society while remaining under supervised freedom. Additionally, it serves as
an effective mechanism to reduce overcrowding in prisons

Object of Parole

Its main objectives include:

1. Enabling the prisoner to maintain contact with his family to address family problems
and responsibilities.

2. Segregating him from hard-core offenders.

3. Helping him retain contact with society and develop self-confidence.

4. Providing him the opportunity for rehabilitation and reformation within the society
itself.

Parole meets the ends of justice in two ways:

 It serves as a punishment in itself, as the parolee is deterred from repeating crime

due to the threat of returning to prison if parole conditions are violated.

 It serves as an efficient measure to reintegrate

Key Points on Conditional Release and Legal Perspectives of Parole

 Timing of Release: Conditional release under parole may begin after an inmate has
completed at least one-third of their total sentence, prior to final discharge.

 Purpose: It aims to evaluate the inmate’s ability to reintegrate into society by

providing opportunities to engage with the outside world.

 Scope: With the adoption of parole, all fixed-term imprisonments exceeding 18

months are eligible for release on licence.

 Nature of Parole: Parole is not a right but an act of grace(mercy), granted on the
condition of compliance. It is provisional and considered a part of the sentence.

 Judicial View: In Avtar Singh v. State of Haryana, the Supreme Court held that parole
is an administrative action and does not interrupt the sentence but modifies the
mode of serving it.

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  Parole vs. Sentence Suspension: Parole does not curtail the court-imposed sentence
but replaces the punishment with a less severe form under legal custody outside the
prison.

Parole and Indeterminate Sentence – Distinguished

 Parole is closely linked with the system of indeterminate sentencing, where an

offender is sentenced to a minimum and a maximum term and may be released after
completing the minimum term, usually one-third.

 Indeterminate sentencing involves uncertainty about the exact period of sentence,

which serves as a form of punishment, whereas parole signals that release is near.

 In indeterminate sentences, no fixed sentence duration is specified; in contrast,

parole involves early release from a fixed sentence based on good conduct.

 Parole is granted by a Parole Board through a quasi-judicial process that ensures the
parolee has a suitable residence and employment.

 A Parole Officer conducts a pre-parole orientation programme to prepare the

prisoner for adjustment to normal life, ensuring the outside conditions support their
rehabilitation.

Parole and Probation – Compared

1. Historical Origin:

o Probation originated with John Augustus of Boston around 1841.

o Parole emerged later, around 1900.

2. Stage of Release:

o Parole is granted after serving part of the sentence in prison.

o Probation is granted before or instead of serving a sentence.

3. Nature of Custody:

o A parolee is still considered in custody, undergoing punishment and

treatment.

o A probationer is under supervision without undergoing imprisonment.

4. Authority:

o Probation is a judicial function granted by the court.

o Parole is a quasi-judicial function granted by the Parole Board.

5. Stage in Correctional Scheme:

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 o Probation is considered the first stage of correction.

o Parole is seen as the final stage in the correctional process.

6. Stigma and Disqualification:

o No stigma is attached to probationers.

o Parolees often face social stigma as convicted offenders.

Parole Distinguished from Furlough

 Nature and Purpose:

o Both parole and furlough are part of the penal and prison system to
humanise prison administration.

o Parole is for a specific exigency (e.g. death, marriage, illness), while furlough
is periodic and aims to maintain social ties and avoid prisonisation effects.

 Right vs. Discretion:

o Furlough is considered a matter of right (subject to rules), while parole is a

discretionary grant.

 Reasons for Grant:

o Parole requires specific reasons to be shown.

o Furlough does not require any reason; it is granted after a specified period in
prison.

 Remission:

o Furlough counts as remission of sentence.

o Parole does not count as remission.

 Conditions and Restrictions:

o Parole may be denied if release would harm society or public interest.

o Furlough can also be denied despite being a periodic facility, especially for
serious offences.

 Judicial Observations:

o In State of Maharashtra v. Suresh Pandurang Darvekar, the Supreme Court

emphasised that furlough and parole serve different purposes as highlighted
by All India Jail Committee and Model Prison Manual.

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 o In State of Gujarat v. Narayana Sai, the Court held that there is no absolute
right to furlough. It is discretionary and subject to the rules (Bombay Furlough
and Parole Rules, 1959).

Parole in India

 Historical Background:

o Prison reforms in India were driven by protests from political prisoners and
global reform trends in penology.

o These movements led to realisation that closed prison cells served little
purpose and prompted the adoption of correctional approaches.

 Limitations:

o India lacks a planned penal programme. Probation has progressed

haphazardly, and is implemented by non-judicial bodies (e.g., Social Welfare
Boards), raising legality concerns.

o In contrast, parole conforms with Indian penal law and functions more
consistently.

 Correctional Role:

o Post-Independence, parole and other correctional institutions (e.g., open-air

camps) gained importance for bridging the gap between prison and free life.

Parole Board: Structure and Functions

 Composition:

o Comprises respected members of society. Police opinions are not sole

deciding factors on parole due to potential bias. This helps ensure fair,
impartial parole decisions.

 Functions:

o Examine prisoners’ eligibility for parole.

o Discharge prisoners after assessing rehabilitation chances, public interest, and

security concerns.

o Prepare a case history, assist with rehabilitation, and monitor post-release

behaviour through field personnel.

 Three Components:

The parole organisation, by and large, consists of three agencies, namely, the Parole Board,
the Case Investigators, and the Parole Supervisors; all of them work in close liaison with each
other.
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 1. Parole Board – Determines when a prisoner shall be released on parole,
based on factors such as rehabilitation prospects, community safety, and
public sentiment.

2. Case Investigators – Gather relevant information and build case histories on

prisoners eligible for parole.

3. Parole Supervisors – Oversee parolees in the community, ensure compliance

with parole conditions, and report violations.

 Considerations for Release:

o Includes prisoner’s needs, public safety, reformation prospects, and

community reaction.

o Generally, those convicted of heinous crimes like murder, rape, terrorism,

sedition, or under life imprisonment, NDPS Act, Foreigners Act, or as habitual
offenders, are excluded.

Conditions of Parole

The main goal of parole is to help prisoners get ready to live a good life in society again. It's
not just about being kind—it’s about helping them become better citizens. There are two
key parts:

1. Keep a close watch on the parolee. If needed, the person can be sent back to prison
to protect public safety.

2. Support the parolee by helping them find a job and giving advice. This builds their
confidence and protects them from being taken advantage of.

Factors Influencing the Success or Failure of Parole

1. Nature of the Crime
Offenders convicted of crimes against persons (such as assault or homicide) generally have
better parole outcomes compared to those convicted of property-related crimes (like theft
or burglary). Property offenders are more prone to recidivism and tend to violate parole
conditions, whereas those involved in personal crimes may have acted out of impulse and
show a higher likelihood of reform.
2. Family Circumstances
The family background and responsibilities of an offender significantly affect parole
success. According to criminologist Donald Taft, individuals with strong family ties,
domestic responsibilities, or dependents are often "good risks" for parole. They tend to
value social reintegration and are more motivated to abide by parole conditions.
3. Recidivism vs First-Time Offenders
Statistical research highlights that repeat offenders, or recidivists, often fail to comply with
parole terms. In contrast, first-time offenders are more likely to adjust well to supervised
freedom and reintegrate into society successfully.

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4. Social and Economic Status
The socio-economic background of parolees also influences their success. Those from higher
socio-economic or educational backgrounds often respond positively to parole. Their crimes
are frequently one-time mistakes driven by emotion or impulse, and such individuals
typically express remorse and a willingness to reform.
5. Voluntary Rejection of Parole
In some instances, inmates may opt not to accept parole, especially when their full release is
imminent. They may perceive supervised parole as an indication of distrust or as a limitation
on their freedom, preferring to serve the remainder of their sentence and exit without
conditions.
6. Behaviour and Institutional Record
Parole should ideally be granted to inmates who demonstrate good behavior, discipline, and
respect for law and authority. Assessing an inmate’s adaptability through psychological and
behavioral analysis conducted by trained parole officers can help determine parole
suitability.
7. Consequences of Parole Violation
Prisoners who violate parole terms are returned to prison and are typically denied benefits
like "good-time" credits, which could otherwise reduce their sentence duration. This policy
acts as a deterrent and emphasizes the importance of compliance.
Modern penologists advocate for the integration of predictive techniques to evaluate parole
suitability and success. Effective parole administration demands a deeper understanding of
the parolee's personality, motivations, and background. Correctional agencies must not limit
themselves to experimental approaches but instead develop closer relationships with
inmates to support rehabilitation.
Types of Parole Under the Delhi Parole Guidelines
1. Custody Parole
 Purpose: Granted to address emergency situations such as:
o Marriage of a close family member.
o Serious illness or death in the family.
 Conditions:
o The urgency must be verified by the Superintendent of the Prison through
the concerned police station.
o The period of custody parole:
 Not to exceed six hours (excluding travel time to and from the
destination).
 The prisoner remains under escort throughout.
 The prisoner is deemed to be in custody during this period (i.e., no
release from prison in legal terms).

2. Regular Parole
 Purpose: Granted for more extended and serious personal reasons, such as:
o Death of a family member.
o Childbirth of the wife (especially where no other family member is available).
o Illness or critical condition due to accident of a dependent family member.

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 o Serious damage to property (e.g., natural disaster, fire, etc.).
 Eligibility Criteria:
o The prisoner must have:
 Served at least one year in prison, excluding remission period.
 Maintained consistently good conduct in prison.
 A minimum period of six months must have passed since the end of
the last parole.

Judicial Decisions:

 In the case of Sunil Fulchand Shah v. Union of India (2000) the Supreme Court stated
that a temporary release of the person detained does not change his status because
his freedom and liberty have not been entirely restored.As a result, temporary
release on parole cannot be deducted from the maximum imprisonment period

 Kesar Singh Guleria v. State of Himachal Pradesh: In This important case, the
Supreme Court said that when authorities decide to temporarily release a prisoner
on parole, they must remember that a poor prisoner should not be denied release
just because they cannot afford to provide a security or surety bond.
The court further said that in the case of poor prisoners, the authorities should consider
letting them out without asking for a bond. While doing so, they should also take into
account things like the prisoner's family ties, their connection to the community, and
their overall social background.

Parole Violation

 Penologists agree that the supervision and assistance provided to parolees must stay
within the legal restrictions imposed as conditions of their release.

 The purpose of supervision is to:

o Ensure public safety.

o Help the parolee reintegrate into society.

 Positive support from Parole Officers should aim at the parolee’s improvement and a
feeling of belonging to society.

 Social ostracism during parole can push the individual back into criminal behavior,
leading to violations.

 Parole is granted for the rehabilitation of the prisoner, but it may not always be
successful.

 A parole violation occurs when the parolee fails to comply with the conditions of
release.
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  Consequences of violation:

o A warrant of arrest is issued.

o The parolee is arrested and returned to prison without a new trial.

o A parole-violation hearing is conducted where the parolee can defend

himself personally or through a lawyer.

o If unable to justify the violation, the parolee must serve the remaining
sentence.

 If the parolee commits a new offence, he:

o Will be tried and sentenced for the new crime.

o Will not be eligible for parole again during the sentence for the new offence

 Parole violators are denied the benefit of earning "good time" (i.e., remission for
good behavior) after returning to prison.

 According to the Prisons Act (IX of 1894):

o If a parolee fails to comply with parole/furlough/remission conditions

without sufficient cause, it is considered a prison offence under Section 48-
A.

o Such parolees are to be proceeded against under appropriate legal

provisions for parole violations.

Essentials of an Ideal Parole System

 Reformation of the parolee through surveillance and assistance is the primary goal
of parole.

 A combination of guidance, supervision, and opportunity is necessary.

 The system should prioritize public safety over leniency.

Key Essentials:

1. Equal emphasis on supervision and assistance to benefit both society and the
parolee.

2. Preparation for parole prior to release by Classification Committees.

3. Selection of parolees should be based on suitability for rehabilitation, not offence

type or sentence length.

4. Parolees should be ensured honourable employment and a supportive environment

upon release.

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 5. Active community cooperation should be encouraged in the parole process.

6. Parole Boards must be free from political interference, staffed with qualified and
full-time officials.

7. Parole staff must be well-trained professionals, not selected based solely on

experience.

 Challenges: Political and executive pressure can compromise the fairness of parole. A
judicial review mechanism can enhance accountability without burdening the
judiciary with direct parole administration.

 The Parole Board should assess prisoners and advise the judiciary, combining
expertise with oversight.

Social Importance of Parole:

 Majority of prisoners seek to return to society as law-abiding citizens.

 Prisons are not suitable for all offender types, particularly long-term or hardened
criminals.

 Stigma post-release is a major barrier to reintegration.

 Parole helps solve socio-psychological problems and eases social rehabilitation.

 As an after-care programme, parole is beneficial for:

o Mental and physical health

o Social reintegration

o Reducing State burden on prisons

Conclusion
 Parole is both a rehabilitative measure and a privilege, not a right.

 Violating parole undermines the trust placed in the parolee and triggers strict legal
consequences, including loss of freedom and legal benefits.

 Effective support, supervision, and community acceptance are key to the success of
parole.