Rule of Parole in India.

 

The Prisons Act of 1894 being Act No. 9 of 1894 has defined the furlough system and the parole system under Sections 5(A) and 5(B) of the Prisons Act, 1894 which reads as follows : “5(A) ‘Furlough system‘ means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force.” “5(B) ‘Parole system‘ means the system of releasing prisoners in Jail on parole, by suspension of their sentences in accordance with the rules for the time being in force.” 6. Pursuant to the powers conferred by Clauses 5 and 28 of Section 59 of the Prisons Act, 1894 (9 of 1894) in its application to the State

“. The parole and furlough rules are part of the penal and prison system with a view to humanise the prison system. Those rules enable the prisoner to obtain his release and to return to the outside world for a short prescribed period. The objects of such a release of prisoner can be read from para 101 of the report submitted by the All India Jail Manual Committee as also the objects mentioned in Model Prison Manual. These objects are :

parole is essentially an executive function and instances of release of detenues on parole were literally unknown until this Court and some of the High Courts in India in recent years made orders of release on parole on humanitarian considerations. Historically ‘parole‘ is a concept known to military law and denotes release of a prisoner of war on promise to return. Parole has become an integral part of the English and American systems of criminal justice intertwined with the evolution of changing attitudes of the society towards crime and criminals. As a consequence of the introduction of parole into the penal system, all fixed term sentences of imprisonment of above 18 months are subject to release on licence, that is, parole after a third of the period of sentence has been served. In those countries, parole is taken as an act of grace and not as a matter of right and the convict prisoner may be released on condition that he abides by the promise. It is a provisional release from confinement but is deemed to be a part of the imprisonment. Release onparole is a wing of the reformative process and is expected to provide opportunity

status of the prisoner. Rules are framed providing supervision by parole authorities of the convicts released on parole and in case of failure to perform the promise, the convict released on parole is directed to surrender to custody.