1. Parole in India: Meaning, Eligibility, Grounds, and Procedure

Parole in India is an institution wherein the prisoner who is sentenced with the sentence can get released for some time on parole from the custody of the jail on certain terms and conditions. Parole is decided generally on certain terms and is usually governed by the policies of the concerned jail in the state or union territory. The Model Prison Manual, 2016, issued by the Ministry of Home Affairs, provides guidance on prison administration, including parole and furlough, while the applicable rules may vary across states and union territories.

Parole should not be confused with bail and furlough, which have their own legal connotations.

2. What is parole?

• Parole refers to the conditional temporary release of a convicted person from custody for a given period of time.

• The convicted person is expected to fulfill the conditions for his/her release and also report back to custody within the stipulated period of time.

• Parole does not imply that the person has been discharged from the conviction or sentence but only that he/she is temporarily out of custody.

3. On What Grounds Can Parole in India Be Granted?

The grounds for parole depend upon the applicable prison rules. Depending on the circumstances, parole may be considered for reasons such as

• Serious illness of a close family member
• Death of a family member
• Important family or personal circumstances
• Marriage or other significant family occasions
• Humanitarian considerations
• Other grounds specifically recognized under the applicable prison rules

The existence of a ground does not automatically guarantee release on parole. The competent authority may examine the prisoner’s conduct, criminal history, nature of the offense, previous conduct while on temporary release, security considerations, and other relevant circumstances.

4. Is Parole in India a Legal Right?

Parole is normally not an absolute or automatic right of all convicted prisoners.

The prisoner’s request is examined in accordance with the relevant rules and the relevant authority. The grant of the parole might be based on several grounds, such as the nature of the offense committed, the prisoner’s conduct during imprisonment, security reasons, and others.

• Comparison between Parole and Furlough

These two concepts are often confused and interchanged even though there is a difference between them.

🔴 Parole Furlough

Normally linked with some grounds Normal furlough would mean some periodic release in accordance with the prison rules.

Requested due to some emergency or special reason The eligibility may depend on the expiry of the prescribed period and other factors.

The grounds and conditions would depend on the relevant rules. Based on the relevant furlough rules

Normally based on the grounds of that particular case, it usually forms part of the prisoner’s right/temporary release scheme in accordance with the relevant rules.

The precise difference in terms of eligibility requirements might differ depending on the applicable prison rules of a particular state/union territory.

5. How to Apply for Parole in India?

The process depends on the prison guidelines. In general, the process could be as follows:

Step 1: Submission of the Parole Application

• A prisoner or any person duly authorized to do so can make a parole application in the manner prescribed.

Step 2: Stating the Ground

• It is necessary to state the reason for applying for the parole and also the facts thereof in the parole application.

Step 3: Filing of Documents

• According to the grounds, it may be necessary to file certain documents like medical reports, death certificates, or any document related to marriage or others.

Step 4: Verification

• Prison administration or any other relevant authority might need to verify the circumstances stated in the parole application.

Step 5: Decision by the Competent Authority

• Competent authority takes into consideration the parole application as per the rules and the reports.

Step 6: Conditional Release

• If the application is accepted, then the prisoner will be conditionally released for a specified period.

6. What Conditions Apply During Parole?

Among the conditions that must be followed by a prisoner under parole, there are

* Re-incarceration after the stipulated time period

* Keeping to the designated address

* Making reports to the police or other officials, if required

* Committing no offenses

* Obeying any restrictions on movement

* Fulfillment of all conditions listed in the parole order

Violation of conditions of parole would entail legal and administrative consequences and might influence future temporary release applications.

7. Parole in India versus Bail

• One of the most widespread misconceptions is about the equivalence of parole and bail.

• Bail normally refers to the temporary liberation of the accused before trial or criminal proceedings.

• Parole, in its turn, normally refers to the temporary liberation of a convict while he or she serves his sentence.

• Consequently, the issues of law involved in the application for bail and parole are totally different.

8. What If Parole Is Rejected?

In the event of denial of a parole application, the prisoner can look into the reasons behind the decision in the order of refusal.

Depending on the relevant prison regulations and the particular circumstances, the course of action to be taken can involve making an application for review or going before the relevant court for judicial intervention.

The course of action to be adopted will depend on the particular case facts and relevant regulations.

8. Important Considerations in a Parole Application

Although the exact requirements depend on the relevant regulation, the authorities might take into account various matters such as

1. The nature and seriousness of the offense

2. The behavior of the prisoner while in custody

3. The previous record with respect to parole/furlough

4. The reason for applying for temporary release

5. Documentary proof

6. Risk of abuse of the temporary release

7. Safety and public order considerations

8. Compliance with prior conditions

9. Relevant regulations

9. Conclusion

Parole is a system through which release of prisoners becomes possible under the specified circumstances according to the particular prison rules. Parole enables a prisoner to temporarily visit important personal or family/humanitarian circumstances while serving the sentence in accordance with the terms of release.

However, parole is not an automatic procedure. Each application has to be analyzed according to the particular prison rules as well as circumstances of the particular prisoner.

Where an application for parole has been rejected or where a prisoner needs to get temporary release due to an emergency family or humanitarian reason, then the particular prison rules and order need to be analyzed for finding out the suitable legal remedy.

10. Legal Disclaimer

The purpose of this article is purely informative and educative. Parole rules and procedures may differ from state to state/union territory as well as may change from time to time. A legal opinion regarding a particular prisoner or particular parole application requires the analysis of the particular prison rules and documents by a competent legal advisor.

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