This article is written by Krishna Raj, a final year LL.B student from Dr. B.R. Ambedkar Law University, Jaipur. My LinkedIn profile – https://www.linkedin.com/in/krishnarajsha/. The article discusses about temporary release and parole in India.
Introduction
There are a few types of temporary release from prison in India and parole is one of its types. Parole means the temporary or special release of a prisoner before the end of his sentence as a reward for good behaviour, and this promise of good behaviour must be kept in accordance with the terms of the parole order. In India, parole basically means that a released prisoner stays in custody under the authority’s supervision. In India, guidelines created under the Prisons Act, 1894 and the Prisoners Act 1900 are implemented to regulate parole laws. In India, each state has its own parole laws that differ slightly from one another.
Keywords: Temporary release, Parole, Indian Law on Parole, Furlough and Parole, Parole and Probation.
Background/ History of these laws
The positivist school of law is where the concept of parole first emerged. In 1847, Boston criminal reformer Samvel G. Howe used the word “parole” in reference to a prison sentence. According to the Classical School of Philosophy, people are free to choose the actions they take. When committing any crime, the offender constantly measures his gain and pleasure against the suffering of others. He needs to be punished as a result. The Positivist school, however, argued that people commit crimes because of their environment. He needs to be rehabilitated as a result. From then, the concept of parole developed. The prisoner is given another chance to change for the better. The concept of parole emerged on the thought that even if the criminal may have broken the law, it is not acceptable to label him for life and deny him the chance to change for the better.
Types of temporary release
Temporary release can be divided into two parts- after conviction and before conviction. If the person is still under trial or the trial is not even started then that person can temporarily get out of jail on bail as per accordance with Code of Criminal Procedure, 1973. This article covers only the temporary release after conviction which is stated below-
- Furlough
Every prisoner has the option to a furlough, which is a particular kind of jail leave. The time limit is 14 days each year, however after submitting an application to the prison superintendent, an extension may be granted stating specific grounds. It is both a “reward” and a sentence remission. However, it is occasionally prohibited for certain people in prison, such as rape convicts, dacoity, or NDPS (Narcotic Drug and Psychotropic Substances) prisoners.
- Parole
The word parole is derived from the French phrase “je donne ma parole”, which means “I give my word”. Parole and furlough are very similar and both are just types of temporary release from prison for some reason, the differences between the two is discussed in next sub head. Parole is further subdivided into the following-
- Custody Parole
This is also known as emergency parole. It is granted in certain emergency situations. For example, death of a family member, serious illness of a family member, or any other event/situation where presence of the family member is required. It is known as custody parole because for a certain period of time for which the prisoner is out of prison, the police surround the prisoner. The prisoner will be returned to jail after the time is over.
- Regular Parole
The prisoner gets released under the terms and conditions of Regular Parole. Therefore, the Parolee (Prisoner) is required to abide by the rules stated in the Parole. Regular parole is therefore discretionary because there are no police present with the prisoner, unlike in custody parole.
Difference between furlough and parole
Basis | Furlough | Parole |
Granted by | Deputy Inspector General Prison | Divisional Commissioner |
Reason | No need for a specific reason. | Needs valid reason or grounds to be granted |
Aim | To break the monotony of imprisonment | To give presence for some important situation |
Limits | Furlough can be granted limited times | Parole can be granted multiple times |
Awarded in | Usually awarded in long term detention period | Awarded in both short and long term detention period but usually more in short term period |
Case Laws
1. Budhi v. State of Rajasthan, RLW 2006 (1) Raj 289[1]
The Hon’ble Supreme Court has held that the purpose of Parole is three-fold: firstly, the use of parole as a motivational force for reforming the prisoners. Secondly, to keep the family ties intact as the family ties are likely to be broken because of the long periods of incarcerations. Thirdly, to slowly draw the misled soul back into the folds of the society. Since punishment should be more reformative and less retributive, the role of parole as a reformative measure has to be acknowledged. By denying parole at the drop of a hat is to ignore the importance of Parole in the jail administration.
2. Vasram Gagji v. State Of Gujarat, (1993) 1 GLR 404[2]
The petitioner was rejected parole of 60 days because of the adverse report from jail authorities. In this petition presented to Gujarat High Court, the order of rejection was challenged and this court set aside this rejection on the basis of the history of the petitioner being released on parole and furlough several times in the past with no bad feedback and reporting. The court further stated that the police or jail authority’s report should not be the only information for consideration of grant of parole or furlough.
3. Inder Gupta v. State (Delhi Administration), 1993 (27) DRJ 276[3]
This case is of grant of bail in which the petitioner argued that the statements of the deceased changed on some occasions that is why her dying declaration should not be taken seriously and is open to dispute. The court held that as the crime is of serious nature, bail should not be given hence the petition was dismissed.
Advantages of temporary release
- Overcrowding in jails can be avoided.
- It helps reducing the taxpayers’ expenses because all the expenses of the jail system is made through tax collected by the government.
- Temporary release is a reward for the prisoners with good behaviour, it incentivises the prisoner to show and continue good behaviour.
- Prisoners get a chance to re-integrate into the society by being in touch with their families and friends.
- It promotes rehabilitation and reformation of the prisoners so that they can lead a better life in future after their punishment is over.
Disadvantages of temporary release
- It cannot guarantee good behaviour of the prisoner once he gets out of the prison.
- Although an effective system is in place, it can still be misused by some criminals.
- Finding a job is difficult for a convict, as a result the prisoner is pushed into doing the crime again.
- Society is put to an indirect risk by releasing a convict back into the society.
Parole as a right
Although it has administrative significance, parole is not recognised as a right in India. The decision to give parole to a prisoner is made using great discretion by the prison administration, even when the prisoner may have a legitimate claim to parole. However, a number of international arrangements and organisations view parole as a right for prisoners.
Misuse of Parole and its penalty
While the concept of parole has been highlighted by the judiciary in order to decrease the negative aspects of prison life, it is also recognised that it can be and have been misused by some prisoners. For example, In Bibi Jagir case[4], for her involvement in the murder of her daughter, Bibi Jagir received a prison term. She got her acquittal in 2018 after the murder allegations against her were dismissed. She was given a five-year prison term. She received parole only four months after being imprisoned. She was alleged to have gotten special treatment since she was a former minister in the Punjab Cabinet.
As per section 224 of the Indian Penal Code, 1860, the prisoner who misuses parole or resist from coming back to prison is liable to be imprisoned for up to 2 years in jail (in addition to the existing punishment).
Don’t get confused between parole and probation
They might seem similar but there are differences between the two which are listed as follows-
Basis | Parole | Probation |
Basic meaning | parole is just a temporary release for prisoners with conditions to be followed by the prisoner during that period. | Offenders who are released into the community under supervision instead of being imprisoned are said to be given probation. |
Provisions where given | No specific law, but each state takes guidelines of the Prisons Act, 1894 and the Prisoners Act, 1900. | probation is governed by the Code of Criminal Procedure, 1973 and the Probation of Offenders Act, 1958. |
Imprisonment | While imprisoned, parole is granted. Parole is not a substitute for imprisonment. | Probation is an alternative form of penalty granted instead of imprisonment. |
Given by whom | Parole is given by the executive part of the government. | Probation is pronounced by the court. Probation is judicial in nature. |
Conclusion
The fact that parole is a release based on the promise of good behaviour rather than a right like bail sets it apart from other rehabilitation procedures used in the criminal justice system. previously, harsh and punitive forms of punishment were considered to be more successful at discouraging and preventing crime. Concepts like parole have been challenging to accept as a result. every state and Union Territory can create their own parole legislation as society evolves and recognises the need for a liberal expression of procedural law.
References
- Parole in India and laws related to it, ipleaders, available at https://blog.ipleaders.in/parole-india-laws-related/, last seen on 26/04/2023
- Parole laws in India: A tool to social rehabilitation or route to recidivism, B&B Associates, available at https://bnblegal.com/article/parole-laws-in-india-a-tool-to-social-rehabilitation-or-route-to-recidivism/, last seen on 26/04/2023
- What Is Probation, Temporary Release and Parole, Law Express, available at https://thelawexpress.com/what-is-probation-temporary-release-and-parole, last seen on 27/04/2023
- Parole in India, Rest the case, available at https://restthecase.com/knowledge-bank/parole-in-india, last seen on 27/04/2023
- Budhi v. State Of Rajasthan, RLW 2006 (1) Raj 289, available at https://indiankanoon.org/doc/1052546/, last seen on 28/04/2023
- Vasram Gagji v. State Of Gujarat, (1993) 1 GLR 404, available at https://indiankanoon.org/doc/1936177/, last seen on 28/04/2023
- Inder Gupta v. State (Delhi Administration), 1993 (27) DRJ 276, available at https://indiankanoon.org/doc/981741/, last seen on 28/04/2023
- Parole and Furlough, Legal Services India, available at https://www.legalserviceindia.com/legal/article-8512-parole-and-furlough.html, last seen on 29/04/2023
- Central Bureau Investigation v. Bibi Jagir Kaur, available at https://indiankanoon.org/doc/132301340/, last seen on 29/04/2023
[1] Available at https://indiankanoon.org/doc/1052546/, last seen on 28/04/2023
[2] Available at https://indiankanoon.org/doc/1936177/, last seen on 28/04/2023
[3] Available at https://indiankanoon.org/doc/981741/, last seen on 28/04/2023
[4] Available at https://indiankanoon.org/doc/132301340/, last seen on 29/04/2023
1 Comment
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