Parole is a temporary release of a prisoner who agrees to certain conditions prior to the completion of the maximum sentence period. In India, the Parole is granted according to the rules made under the Prison Act, 1894 and Prisoner Act, 1900. Every State has its own parole rules with minor variations.
TYPES OF PAROLE
There are two types of parole:-
CUSTODY PAROLE:- The custody parole is limited to a time span of six hours. During this parole the prisoner is escorted to the place of visit and return therefrom. It is granted in emergency circumstances like death in the family, serious illness or marriage in the family etc. The concerned police station verifies the circumstances and the parole is the granted by the Superintendent of Jail.
REGULAR PAROLE:-Regular Parole is allowed for a maximum period of one month, except in special circumstances. It is allowed to convicts who have served at least one year in prison. It is granted on certain grounds such as:-
- Serious illness of a family member
- Critical conditions in the family on account or death of a family member
- Marriage of any member of the family of the convict
- Delivery of a child by the wife of the convict if there is no other family member to take care of the spouse at home
- Serious damage to life or property of the family of the convict including damage caused by natural calamities
- To maintain family and social ties
- To pursue the filling of Special Leave Petition before the Supreme Court of India again a judgement delivered by the High Court convicting or upholding the conviction, as the case may be.
EXEMPTION FROM PAROLE
There are certain categories of convicts who are not eligible for being released on parole like prisoners involved in offences against the State, or threats to national security, non-citizens of India etc. The people who are convicted of murder and rape of children or multiple murders etc. are also exempted except at the discretion of the granting authority.
PROCEDURE OF PAROLE
The parole is granted as per following steps:-
- Once the convict seeks parole, jail authority (Superintendent) asks for a report from the police station that had made the arrest.
- The report, with all other papers like medical report (in case of illness being reason for parole), recommendation of the Superintendent are then sent to the Deputy Secretary, Home (General), State Government which decides on the application.
REFUSAL OF PAROLE
There are certain rules regarding the refusal of parole laid down as follows:-
- If there is reason to believe, based upon material available with the Government that the petitioner may not return back to jail to undergo the remaining portion of the sentence awarded to him.
- If there is certain possibility of the petitioner trying to harm those who deposed him or their relatives.
- Past conduct of the petitioner such as jumping the bail or parole granted earlier to him.
You must consult parole lawyers/advocate of Punjab and Haryana High Court at Chandigarh for your case related matters if required. If required, read this post – PAROLE FROM HIGH COURT CHANDIGARH
This post is written by Dipti Prakash of Punjab University (2020 batch). For more info on subject, please dial 99888-17966.