We all have heard of the phrase parole when it was popularly used in the Sanjay Dutt case. So what does the term parole means? And what is its procedure? We try decoding the phrase parole and the procedure for parole in India today through this article.
Meaning of parole
It is the Delhi Prisons Act 2000, which defines ‘Parole System’ under section 2(p). As per it, Parole means the system of releasing prisoners from prison on parole by suspension of their sentences in accordance of the rules. The parole rules as described in Prisons Act are a part of penal and prison system. The main objective of the parole system is to humanize the prison systems.
Objective of Parole
As discussed, the primary aim of the parole system is to induce the humanitarian approach to the prison system. It allows to the prisoner to be released onto outside world for a short period which in turn facilitates their evolution into a useful citizen. It is essential to note that parole is a gracious act and can’t be treated as the right. Parole can also be termed as an essential reformative process for the prisoners which is crucial as they still are very much part of the society. As per the current system, every sentence above eighteen months is eligible for parole post completion of one-third of the prison time.
Kinds of parole
There are two types of parole for which a convict is eligible for in India.
- Custody Parole- Custody parole is the parole which is granted for extreme emergency situations to the prisoner. Here the prisoner is escorted to by the police officers and has to return with them ensuring the safe custody. Events such as the death of a family member, severe sickness, marriage in the family, delivery of the child, these are some of the examples where custody parole can be granted.
- Regular parole- Regular parole, on the other hand, can be applied for to the authorities in which they have the power to take the call. This parole is generally a short period for which the prisoner is released.
Difference between parole and bail
The fundamental difference that can be stated in case of bail and parole is that both these have different implications and rules in law. Â Bail can be granted in bailable, non-bailable offense. There are stipulated statutory provision relating to bail. However, parole system does not have any dedicated statutory provisions. While it is a legal right of a person to apply for bail, it is not so in case of parole. On the other hand bail is a legal provision, parole is more of a reformative initiative. Thus there is a stark difference between bail and parole.
Power to grant parole
As granting parole is an executive function, the power to issue the parole lies with the governor. Different states have formulated different rules for granting the parole. There are some important stipulations when it comes to acceptance of the application of parole.
- Completion of minimum one year in prison.
- Minimum six months lapse from the last parole.
- Uniform and good behavior.
- Disciplined completion of last parole etc.
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