What Are The Grounds To Get Parole In India?

Parole is one of the most humane factors of the prison time. It is a great step to give a second chance to a convict to set his life on the right path and also to give an opportunity to feel like a part of the normal world. We have often heard the word ‘parole’ but have little idea about it in depth. Read on to know more about everything you need to know about parole, the grounds on which the parole is granted in India and the difference between parole and furlough.

Meaning of Parole

Before we talk about the grounds for granting parole, it is essential to understand what parole means. 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 by suspension of their sentences in accordance with the rules. The parole rules as described in Prisons Act, 2000 are a part of penal and prison system. The main objective of the parole system is to humanize the prison system.

Objectives of Parole

As discussed, the primary aim of parole is to induce the humanitarian approach to the prison system. It allows the prisoner to be released in the 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.

Grounds for Parole

The maximum period allowed for parole is one month and the prisoner has to fulfill the condition of the minimum prison time to be served, to be applicable for parole. Some of the grounds on which parole is approved are:-

1. Serious illness of a close family member.
2. Death of a family member.
3. An accident of a family member.
4. The marriage of a family member.
5. Delivery of a child by the prisoner's wife.
6. Serious damage to life or property of a family member due to natural calamity.

It is important to note that a certain category of prisoners is exempted from the privilege of parole such as prisoners convicted for terrorism, multiple murders and are a threat to national security etc.

Procedure for Parole

The procedure for parole involves the following steps:-

1. The prisoner after completing the mandate jail time applies for parole.
2. The jail authority then asks for a report from the police station where the arrest was made.
3. The report is then verified.
4. If the reason for parole is a medical emergency, relevant medical records and certificates are also verified.
5. The final report is then submitted to the Deputy Secretary, State Government or Inspector General of Prisons.
6. The competent authority then takes the decision on parole.

Difference between Parole and Furlough

The fundamental difference that can be stated in case of furlough and parole is that both have different implications and rules in law. Furlough can be granted in bailable and non-bailable offences. There are stipulated statutory provisions relating to furlough. However, parole does not have any dedicated statutory provisions. While it is a legal right of a person to apply for furlough, it is not so in the case of parole. While furlough is a legal provision, parole is more of a reformative initiative. Thus there is a stark difference between furlough and parole.

 

The easiest way to keep yourself updated on critical legal queries like these and many more is to sign up to EasyAdvocacy today.

Also, like us on Facebook and follow us on Twitter, LinkedIn and Google+ to keep up to date with all things related to legal matters.