Parole

Introduction
● Parole is a temporary release of a prisoner who agrees to certain conditions before the
completion of the maximum sentence period. The term became associated during the
Middle Ages with the release of prisoners who gave their word.
● Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced
the modern idea of parole when, in 1840, he was appointed superintendent of the British
penal colonies in Norfolk Island, Australia.
● He developed a plan to prepare them for eventual return to society that involved three
grades. The first two consisted of promotions earned through good behavior, labor, and
study.
● The third grade in the system involved conditional liberty outside of prison while obeying
rules. A violation would return them to prison and they would start all over again through
the ranks of the three-grade process(Samaha, 2006).
● Through participation in a graded classification system based on a unit of exchange
called a mark. Prisoners earned marks through good behavior, lost them through bad
behavior, and could spend them on passage to higher classification statuses ultimately
conveying freedom(Cavendar, 1982).
● Prisoners served indeterminate sentences from which they could be released early if they
showed evidence of rehabilitation(Hansner, 2010).

Definition of Parole
● J.L Gillin "defines parole is the release from a penal or reformative institution, of an
offender who remains under the control of correctional authorities, in an attempt to find
out whether he is fit to live free society without supervision."
● Penal Reform International has defined parole in the following language: "Parole is
defined as the early release, under certain conditions, of a convicted offender from
custody. Individuals who are placed on parole are subjected to the supervision of a parole
officer and must adhere to conditions imposed by the custodial authorities. The length of
the parole period is generally established by law or by a court on the basis of law."

Types of Release on Parole

• There three types of release which is given as Parole to the offenders. Those are following with
a sort description:
A) Conditional Release: Conditional release is that type of parole which is given to the offender
allotting with some conditions. Conditional release is of two types, they are :
I. Full Parole
II. One day Parole

1) Full Parole: Full Parole is a form of conditional release that allows an offender to serve part of a
prison sentence in the community. The offender is placed under supervision and is required to
abide by conditions designed to reduce the risk of re- offending, and to foster reintegration of
the inmate into the community.
Il) One Day Parole: One Day Parole provides offenders with the opportunity to participate in
ongoing community-based activities. Offenders are also granted day parole in order to prepare
for full parole and statutory release.

B). Statutory Release: Statutory Release requires for sentenced offenders to serve the final
third of their sentence in the community, under supervision and under conditions of release
similar to those imposed on offenders released on full parole. Offenders serving life or
indeterminate sentences are not eligible.

C). Release on Expiry of Sentence: Release on expiry of sentence is not a conditional release.
It is the full release which is required when someone has served the entire sentence. It applies to
offenders who were considered too dangerous to return to the community under statutory
release (Jones, 2001).

Objectives of Parole
Penal Reform International has identified following five objectives of parole, those are:
. To conserve government resources, reduce cost and reduce overcrowding in the prison
system; to increase 'rotation' of the prison population.
. To reintegrate convicted offenders into society by providing supervision and treatment
service
. To preserve community safety by supervising convicted offenders ;
. To control the behavior of inmates who are in custody by offering parole for good
behavior; and
. To encourage positive behavior of convicted persons while they are serving sentences
that deprive them from the liberty.

V.V. Devasia and L. Devasia has identified another five objectives of parole, which are given
below:
. Release of each prisoners from confinement at the most favorable time, with appropri
consideration to requirements of justice, expectations of subsequent behavior and cost
. The largest possible number of parole completions.
. The smallest number of new crimes committed by released persons.
. The smallest number of violent acts committed by released persons.
. An increase of general community confidence in parole administration.

Conditions of Parole
General parole condition can be classified into two principal groups, namely:
a) Reform Conditions
b) Control conditions.

● Reform conditions: It helps a parolee to lead a lawful life. Complying with the laws,
maintaining employment and supporting dependents and refraining from using drugs are
 ●

some examples of reform condition.

● Control condition: Because of control conditions the social workers help the offenders to
fulfill the purpose of parole. For example, reporting to parole officer upon release,
cooperating with the parole officer, and getting permission to change employment or
residence etc.

The conditions of parole are sometimes determined by law sometimes by the parole board and
sometimes by other agencies. These conditions may include:
. Leading a law abiding life.
. Abstaining from intoxicating liquors or drugs.
. Spending evenings at home.
. Restraining from gambling and other various habits.
. Supporting legal dependent.
. Remaining in a specified territory.
. Not changing residence or employment without permission.
. Not becoming dependent on charity.
. Making restitution from crimes.
In nearly all cases conditions of parole include:
● Obeying the law,
● Obtaining some form of employment ,and
● Maintaining some contact with a parole officer.

Termination of Parole
According to Gaffney and laria pointed out two different ways by which parole may be
terminated, they are:
1. Expiration of Sentence: The period of parole supervision usually runs as long as the
offender's original calendar sentence or ends upon reaching a statutory date. Therefore, a
parolee is discharged when the date is reached.

2. Revocation: If a parolee violates the conditions of his/her release, the parole officer informs a
section of the parole department, at which time a decision is made whether or not to issue an
arrest warrant for violation of parole.

Social Implication of Parole

● Parole is a procedure by which a prisoner who must in any event be returned to society at
some time in the future is allowed to serve the last portion of his/her sentence outside
prison walls and under strict supervision, as preparation for his/her eventual return to
society.

● Parole is not an act of clemency, but a penological measure for the disciplinary treatment
of prisoners who seem capable of rehabilitation outside of prison walls. It does not set
aside or affect the sentence.
 ● Parole is not freedom. A parolee is a convicted criminal who has been sentenced to a
term of imprisonment and who has been allowed to serve a portion of that term outside
prison walls.

● A parolee does not enjoy the absolute liberty to which every citizen is entitled, but only a
conditional liberty properly dependent on the observance of special parole restrictions.

● A parolee is in legal custody, while on parole the convict is bound to remain in the legal
custody and under the control of the warden until the expiration of the term, less
allowance, if any, for good conduct.

● As parole is a reward for being complied with the rules of jail; so a positive motivation on
the mind of prisoner is to be created regarding parole. If it is possible, it may encourage
the prisoner to lead an ordered and disciplined life into the four wall of jail.

● It will also help him to settle into the society easily and to lead a normal life after the
termination of the imprisonment. So govt. may use parole as an instrument to serve
society.

● Parole cannot be granted on political consideration on the other hand parole is to be used
to reduce misuse of political power.

Distinction between Parole and Indeterminate Sentence

Parole meaning
Parole means the release of a prisoner either temporarily for a special purpose or completely
before the expiry of a sentence, on the promise of good behaviour.
The word parole is derived from the French phrase “je donne ma parole”, which means “I give my
word”. Parole is the privilege given to the prisoners to return to the society and socialise with
families and friends. It requires periodic reporting to the authorities for a set period of time. It is
granted to that person who has already served a portion of his or her sentence. It enables the
prisoner to deal with family matters and develop a good life for him or his family members.

Indeterminate Sentence
An indeterminate sentence is a type of custodial sentence that consists of a range of years (such
as five to ten years) and not a fixed time, which means the convicted person's release date is left
open. After spending a certain amount of time in prison, the state parole board holds a hearing to
determine whether the convicted person is eligible for parole. The principle behind an
indeterminate sentence is the hope that prison will rehabilitate some prisoners; and those who
show the progress will be paroled (conditional release) and might not have to spend the
remaining sentence in prison

Aspect Parole Indeterminate

Aspect Parole Indeterminate
Sentence
Definition Conditional release of Sentence with a range
a prisoner before the of time rather than a
completion of their specific period,
sentence. allowing for release
when certain
conditions are met.
Decision maker Parole board or similar Judge or sentencing
authority. authority.
Timing of release After serving a portion After serving the
of the sentence, minimum term set by
determined by the the court, then
parole board. determined by the
parole board.
Supervision Usually involves Typically involves a
supervision by a period of supervision
parole officer. after release.
Conditions Often subject to Conditions may
conditions such as include regular
regular reporting, reporting,
abstaining from participation in
alcohol or drugs, and rehabilitation
maintaining programs, and
employment. maintaining good
behavior.
Flexibility Provides flexibility in Offers flexibility in
releasing offenders sentencing, allowing
based on their for adjustment based
behavior and potential on the offender's
for rehabilitation. progress and behavior
 for adjustment based
on the offender's
for rehabilitation. progress and behavior
during incarceration.
Duration of sentence The total sentence The total sentence
remains unchanged range is specified by
but may be served the court, but the
partially under parole actual time served
supervision. may be shorter if the
inmate demonstrates
rehabilitation and
meets parole criteria.

These are the primary distinctions between parole and indeterminate sentences, highlighting
differences in decision-making, timing of release, supervision, conditions, flexibility, and the
duration of the sentence.

Distinction between Parole and Furlough

Parole meaning
Parole means the release of a prisoner either temporarily for a special purpose or completely
before the expiry of a sentence, on the promise of good behaviour.
The word parole is derived from the French phrase “je donne ma parole”, which means “I give my
word”. Parole is the privilege given to the prisoners to return to the society and socialise with
families and friends. It requires periodic reporting to the authorities for a set period of time. It is
granted to that person who has already served a portion of his or her sentence. It enables the
prisoner to deal with family matters and develop a good life for him or his family members.

Furlough meaning
Furlough is given in cases of long-term imprisonment. A prisoner’s sentence is considered to be
remitted during his furlough time.It is to be allowed on a regular basis for no reason other than to
allow the prisoner to maintain familial and social relationships and to counteract the negative
consequences of long-term imprisonment. The right to be released on furlough is a substantial
and legal right of the prisoner, and it cannot be rejected if permitted by law.

Aspect Parole Furlough

Definition Conditional release of Temporary release of
a prisoner before the an inmate from prison
completion of their
sentence, typically
 Temporary release of
an inmate from prison
completion of their for a specific purpose,
sentence, typically such as medical
with supervision. treatment, family
emergencies, or to
attend a funeral.
Decision maker Parole board or similar Prison administration
authority. or warden.
Timing of release Usually occurs after Typically granted for
serving a portion of short periods during
the sentence, the sentence, often
determined by the for a specific purpose
parole board. or event.
Supervision Typically involves May or may not
supervision by a involve supervision,
parole officer. depending on the
specific
circumstances and
conditions set by the
prison authorities.
Purpose Aimed at facilitating Intended to address
the reintegration of specific needs or
offenders into society emergencies, such as
and reducing prison medical treatment,
overcrowding. family matters, or
rehabilitation
programs outside of
prison.
Duration of release Generally lasts until Usually temporary,
the completion of the ranging from a few
sentence, subject to hours to a few days,
meeting parole
conditions.
 ranging from a few
hours to a few days,
meeting parole depending on the
conditions. purpose and
conditions of the
furlough.
Conditions Often subject to Conditions may
conditions such as include restrictions on
regular reporting, travel, contact with
abstaining from certain individuals, or
alcohol or drugs, and requirements to return
maintaining to prison at a
employment. specified time.
Eligibility criteria Determined based on Usually granted based
factors such as on the nature of the
behavior, rehabilitation request, the inmate's
progress, and risk behavior, and the
assessment. potential risk to public
safety.
Impact on sentence Does not affect the Does not typically
length of the affect the length of
sentence; it is served the sentence, as the
partially under parole inmate is still
supervision. considered
incarcerated during
the furlough period.
These are the primary distinctions between parole and furlough, highlighting differences in
decision-making, timing of release, supervision, purpose, duration of release, conditions,
eligibility criteria, and impact on the sentence.

Comparison between Parole and Probation

Parole meaning
Parole means the release of a prisoner either temporarily for a special purpose or completely
before the expiry of a sentence, on the promise of good behaviour.
The word parole is derived from the French phrase “je donne ma parole”, which means “I give my
word”. Parole is the privilege given to the prisoners to return to the society and socialise with
families and friends. It requires periodic reporting to the authorities for a set period of time. It is
granted to that person who has already served a portion of his or her sentence. It enables the
prisoner to deal with family matters and develop a good life for him or his family members.

In India, rules regarding parole are provided by the Prisons Act, 1894 and the Prisoners Act,
1900. However, there is no completely uniform law of parole in India as the state governments
are free to make their own laws for parole. The guidelines for parole have minor variations from
state to state.

Probation Meaning
The word probation is derived from the Latin word ‘probare’, which means ‘to test’ or ‘to prove’. It
is an alternative method of correction which is non-custodial. If it is established that
incarceration is not suitable for the offender, then the offender can be released into his
community under the supervision of probation officers, instead of being imprisoned.

In India, the provisions related to probation in the Indian legal system are provided mainly under
the Code of Criminal Procedure, 1973 and the Probation of Offender Act, 1958. Initially, the
provision of probation was given in Section 562 of CrPC, 1898. After several amendments, the
provision is currently provided by Section 360. The Parliament of India enacted the Probation of
Offenders Act in 1958 before the amended CrPC came into force in 1973, which contains certain
provisions not covered by the CrPC.

Aspect Parole Probation

Definition Conditional release of Alternative to
a prisoner before the incarceration where a
completion of their convicted offender is
sentence, typically allowed to remain in
after serving a portion the community under
of their sentence in supervision instead of
prison. being sent to jail or
prison.
Timing Typically granted after Granted instead of
serving a portion of a incarceration or after
prison sentence. serving a brief period
 of jail time.
Eligibility Generally available to Available to individuals
individuals who have who have been
been incarcerated and convicted of a crime
are serving a prison but have not been
sentence. sentenced to
incarceration, or as an
alternative to
incarceration.
Decision maker Parole board or similar Judge or sentencing
authority. authority.
Supervision Usually involves Typically involves
supervision by a supervision by a
parole officer. probation officer.
Conditions Conditions may Conditions may
include regular include regular
reporting, reporting,
participation in participation in
rehabilitation treatment programs,
programs, and community service, or
maintaining other requirements
employment. set by the court.
Duration The individual is The duration of
released before probation is set by the
completing their full court, usually for a
sentence, with the specific period of
remaining portion time, with the
typically served under possibility of early
parole supervision. termination for good
behavior.
 Violation Violating the Violating probation
consequences conditions of parole conditions may result
may result in in penalties such as
reincarceration or increased supervision,
other penalties. extension of
probation, or
incarceration.
These are the key distinctions between parole and probation, outlining differences in their
definitions, timing, eligibility, decision-making, supervision, conditions, duration, and
consequences for violations.

Parole in India
Meaning
Parole in India is basically defined as the release of the prisoner either temporarily or for a
special purpose, before the completion of his sentence on the promise of good behavior and
such promise should be honored which is provided within the Parole order. So basically, under
parole in India, the released prisoner remains in the custody under the supervision of the paroling
authority. Parole laws in India are administered by rules made under the Prison Act 1894, and
Prison Act 1900. So, in India, each state has its parole rules with some minor alterations from
each other.

Objectives of Parole Laws in India

The Parole Laws are basically progressive measures for the betterment of the prisoners, the main
objective was to release prisoners on the leave as per Rule 1(A) and 19 of the Prisons (Furlough
and Parole) Rules,1959 are as follows:
. The main purpose of Parole was that Prisoner can maintain continuity together with his
family, friends, and community.
. To save the prisoner from the harmful effects of continuous prison life.
. Parole enables a prisoner to develop a feeling of self-confidence there is a life beyond
prison.
. Parole helps a prisoner to develop a sense of hope and active interest in his life.
. It aims to rehabilitate the prisoner.

Kinds of Parole in India

Custody Parole- It is granted in emergency situations and circumstances such as:
. Death of a family member
. Marriage of the family member
. Serious illness of a family member.
. Any other situations in which the presence of a family member is compulsory.
So, in Custody Parole, the Prisoner is surrounded by the Police for the specified time period. At
the completion of the period, the prisoner will be brought back to jail.

Regular Parole— In Regular Parole, the prisoner is released based on certain terms and
conditions. So, the Parolee (Prisoner) must follow the rules mentioned in the Parole. So, in
regular Parole, there are no police with the prisoner like in custody parole, therefore, it is
considered discretionary parole.

Certain Grounds for Regular Parole in India

. Marriage of the family member of a convict.
. Accident or Death of a family member of the convict.
. Delivery of the child by the wife of the convict if there is no family member of the convict
to take care of the spouse at home.
. Serious damage to the life or property of the family of the convict including the damage
caused by the natural calamities.

In the case of Regular Parole in India, the parolee must follow certain norms like:
. Parolee cannot marry (if not married before the offense he has committed)
. The parolee cannot go to bars or pubs for enjoyment.
. A parolee must refrain from drugs and intoxication.

Regular Parole under CrPC is granted only when the behavior of the prisoner is satisfactory, and
the Superintendent of the Jail plays a major role in granting Regular Parole .

However, there are some convicts that are not eligible for release on parole in India:
. Prisoners who have been involved in criminal activity against the state or the prisoners
currently involved in the criminal activity against the state.
. Prisoners who are a threat to the national security of India.
. Prisoners who are not citizens of India.
. Prisoners who are convicted of multiple murder or the murder & rape of a child is
exempted from getting released on parole.
However, in some special cases, these convicts can get parole under CrPC at the discretion of
the granting authority.

Advantages of Parole System

. Reduces Overcrowding of Jail Population: By the medium of the Parole System, it gives jail
authorities an easier to supervise fewer people than the large population in jails.
. Reduces Taxpayer expenses: The cost of parole supervision is far easier and less
expensive than the cost of getting bail from jail.
. Rewards to people willing to work for Parole: Parole is not only granted to every prisoner; it
is only granted to those prisoners which show good behavior and those who do not show
good behavior will not get parole.
Disadvantages of Parole System
. Allows Criminal to start committing crimes again: The biggest disadvantage of the Parole
System is that most of the criminals who get parole indulged in criminal activity mostly.
. Difficulty in Supervision: Since Parole officers already have a large number of offenders it
is difficult to supervise every offender because there are limited Parole Officers to oversee
every offender.
. Difficult to find work during Parole: There is a number of various issues which people face
on parole: from unemployment to loneliness, convicts will start committing crimes as just
being in jail is more comfortable than finding jobs.

Case Laws dealing with Parole Law

Election Commission of India V/S MukhtarAnsari & Another

{Civil Appeal No. 10464}
The accused has over 40 criminal cases including that murder and kidnapping. The main facts of
the case were that on February 16, Additional Sessions Judge Parole was granted to the
accused, who has been serving as MLA from the Mau Constituency for the last four terms. After
the order passed by the Additional Sessions Judge, Election Commission approached High Court
under Article 324 of the Constitution, in which an order of the court would obstruct the Election
Commission in conducting free and fair elections & and the Election Commission would be within
its jurisdiction.

The Supreme court held that it’s a right of the candidate to contest elections, but it doesn’t
translate into the right to canvass his candidature, and thus, the accused may influence the
witnesses in the murder case of the BJP MLA Krishnanand Rai during which he’s facing trial. As a
result, the courts have the authority to prevent abuse of parole power under Section 482 of the
Criminal Procedure Code (Parole under CrPC), and they overturn the order granting parole to
accuse.

Ashfaq V/S State of Rajasthan And Or’s (AIR 2017 SC 4986)

This case pertains to the serial bombing that took place on five trains across various stations
during the Babri Masjid demolition in 1993 and the accused was booked under various provisions
of the Terrorist and Prevention Act,1987. In this case, the appellant was found supplying weapons
to the accused(terrorists).

The facts of the case were that the appellant first submitted his application for Parole to the
District Parole Advisory Committee which was rejected because it has no jurisdiction and the
fresh appeal was filled in the Rajasthan High Court but it was rejected on the ground of the
heinous crime committed by the appellant, and the High court could not oppose the preference
of the supreme court.
The petitioners argued that where other petitioners booked under the Terrorist & Prevention
Activities Act,1987 were granted parole. Supreme Court was dissatisfied by the decision of the
High court in which granting parole was the authority of the High Court, not the Supreme Court
and in this case the appellant has nearly served 10 years of his sentence and the parole under
CrPC was rejected on the adverse report of the concerned authority that accused could instill
unsocial elements and can have an adverse effect on the younger generation.

Vasram Gagji vs State of Gujarat & OR’s

The petitioner under Article 226 of the constitution challenged the order passed by the District
Magistrate Rajkot whereby he rejected the parole leave application. The facts of the case were
that the petitioner applied for parole on the medical grounds that he has a hernia and needs 60
days of medical leave. The court ruled that the district magistrate’s order was incorrect and that
the petitioner was entitled to the parole.

Criticism
Since there is no legal provision for granting parole in India as it is difficult for the common man
as every state has its own set of rules regarding parole. Generally, parole in India is granted to an
influential person i.e. if you are a celebrity it is easier to grant parole than a prisoner, so legal
biases in society can be there as parole is misused on a number of occasions by influential
people.

Conclusion
The provisions regarding parole are not well known it is quite cumbersome. Awareness was
possible only after the media shows grants of parole in high-profile cases. So, the prisoners
should be given equal opportunity for getting parole without any biasness, so the medium of
parole, it allows them to reinstate into the environment and given a fair chance to rehabilitate into
society.

The Structural Setup and Functions of Parole Boards in India

Introduction:
In the realm of criminal justice, parole serves as a vital mechanism for the reintegration of
offenders into society. Parole boards play a pivotal role in this process by assessing the eligibility
of inmates for early release and monitoring their behavior post-release. In India, the
establishment and functioning of parole boards have evolved over time to address the
complexities of rehabilitation and reintegration. This essay delves into the structural setup and
functions of parole boards in India, examining their composition, mandate, and operational
procedures.

Historical Context:
The concept of parole originated in the late 19th century, primarily in Western jurisdictions, as a
means to alleviate prison overcrowding and facilitate prisoner rehabilitation. In India, the
evolution of parole can be traced back to the colonial era, with the enactment of the Prisons Act,
1894. However, it was not until the post-independence period that the formal establishment of
parole boards began to take shape.

Structural Setup:
Parole boards in India are typically constituted at both the national and state levels. At the
national level, the Ministry of Home Affairs oversees the formulation of parole policies and
guidelines, while individual states are responsible for the establishment and operation of parole
boards within their jurisdictions. The structural composition of these parole boards varies from
state to state but generally includes the following key stakeholders:

1. Chairperson: A senior judicial or administrative officer appointed by the government to preside

over the parole board proceedings.

2. Members: The board comprises members from diverse backgrounds, including

representatives from the judiciary, law enforcement agencies, social welfare organizations, and
mental health professionals. Their expertise ensures a holistic evaluation of parole applications.

3. Secretary: A designated officer responsible for administrative tasks, such as maintaining

records, scheduling hearings, and communicating decisions to relevant stakeholders.

4. Advisors: In some cases, parole boards may appoint advisors with specialized knowledge in
areas such as criminology, psychology, or sociology to provide expert opinion on complex cases.

Functions:
The primary functions of parole boards in India revolve around the evaluation of parole
applications and the supervision of parolees post-release. These functions can be broadly
categorized as follows:

1. Parole Eligibility Assessment: Parole boards review applications submitted by eligible inmates
seeking early release from incarceration. The assessment process entails a comprehensive
review of the inmate's criminal history, behavior while incarcerated, risk of reoffending, and
potential for rehabilitation. Factors such as the nature and severity of the offense, the inmate's
personal circumstances, and the availability of community support are also taken into
consideration.

2. Decision Making: Based on the information gathered during the assessment process, the
parole board deliberates on each case and makes informed decisions regarding the grant or
denial of parole. Decisions are guided by statutory provisions, judicial precedents, and
established parole guidelines. The board may impose conditions and restrictions on the granted
parole to ensure public safety and the successful reintegration of the parolee into society.

3. Post-Release Supervision: Parole boards play a crucial role in monitoring the behavior and
compliance of parolees during the period of their release. Supervision measures may include
regular reporting to parole officers, adherence to curfews, participation in rehabilitative
programs, and drug testing. Parole boards have the authority to revoke parole and re-incarcerate
parolees who violate the terms of their release or pose a threat to public safety.

4. Policy Development: In addition to their operational functions, parole boards contribute to the
formulation and revision of parole policies and procedures. They provide valuable insights based
on their experiences and observations, which inform legislative reforms and administrative
improvements aimed at enhancing the effectiveness of the parole system.

Challenges and Future Directions:

Despite their significant role in the criminal justice system, parole boards in India face several
challenges that hinder their ability to fulfill their mandate effectively. These challenges include
limited resources, bureaucratic inefficiencies, and the lack of standardized procedures across
states. Moreover, the stigma associated with parole often leads to public apprehension and
resistance, making it challenging to garner support for rehabilitation initiatives.

To address these challenges and enhance the functioning of parole boards, several measures
can be considered:

1. Capacity Building: Investing in the training and development of parole board members and
staff to enhance their expertise in parole assessment, risk management, and rehabilitation
strategies.

2. Stakeholder Collaboration: Fostering collaboration between parole boards, law enforcement

agencies, community organizations, and other relevant stakeholders to facilitate the seamless
reintegration of parolees into society.

3. Research and Evaluation: Conducting research studies and program evaluations to assess the
effectiveness of parole policies and interventions in reducing recidivism and promoting public
safety.

4. Public Awareness and Education: Launching public awareness campaigns to dispel

misconceptions about parole, raise awareness about its role in offender rehabilitation, and garner
support for reintegration efforts.

In conclusion, parole boards play a vital role in promoting offender rehabilitation and public
safety in India. Through their structured setup and diverse functions, parole boards contribute to
the reintegration of offenders into society while ensuring accountability and risk management. By
addressing existing challenges and embracing innovative approaches, parole boards can further
strengthen their capacity to fulfill their mandate and contribute to the advancement of criminal
justice reform in India.

Essential requisites of an ideal parole

1. What is Parole?

"Parole is the release from a penal or reformative institution of an offender who remains
under the control of correctional authorities, in an attempt to find whatever he is fit to live in
the free society without supervision."

Essential requisites of an ideal parole

The essential requisites of an ideal parole system may Brierly be summarised as follows

(1) emphasis must be on supervision as well as guidance and assistance to parolees so as to

make the system useful to the society in general and the parolees in particular.

(2) before release on parole , the parolees must be thoroughly prepared for parole
administration. This task can be assigned to classification committees functioning under the
parole system

(3) the criterion governing selection of prisoners for grant of release on parole should not be the
particular category to which the offender belongs nor the length of his sentence, but his
suitability to respond favourably to the rehabilitative processes and the fact that his social re
-adjustment is more likely to be achieved by allowing him the benefit of parole than by treatment
under detention in prison

(4) the parolees must be assured an honourable employment and favourable surroundings at the
time of their release on parole . this will inculcate hope, confidence and social responsibility in
them. It would also help them in overcoming their inferiority complex for being ex-convict

(5) since the parolees have to be rehabilitated within the society through various social
agencies ,it is desirable that the parole authorities should seek active co- operation of the public
in this task

(6) parole boards should be completely free from political pressures and the only person of
proven ability and integrity should be induced in these boards. They should be well qualified full -
time officials.

(7) the staff associated with parole agency should be whole -time workers. experience alone
should also be the criterion for selecting field officials but well qualified and trained personnel
should be recruited for this job.

Judicial Trend in India

According to the Indian judiciary, in the case of Krishan Lal v. State of Delhi (1976) parole, a
penological innovation, is a success in rehabilitation and reducing recidivism. Parole, according
to the Mohinder Singh case, is “a conditional release of a prisoner who has served part of the
period for which he was condemned to jail, often under the supervision of a parole officer, who
has served part of the term for which he was sentenced to prison.” Parole refers to executive
action done after a convict’s sentence has been completed. There is no suspension of sentence
during parole, but the sentence continues to run throughout that time as well.

“It is not out of place to mention that if the State takes up a flexible attitude, it may be possible
to permit long spells of parole, under controlled conditions, so that fear that the full freedom if
bailed out, might be abused may be eliminated by this experimental measure, punctuated by
reversion to prison,” Justice Krishna Iyer stated in Babu Singh and Ors. v State of U.P (1965).
Unrelenting isolation in the harsh and hardened company of other inmates leads to a slew of
unmentionable vices, therefore humanizing parole periods are an important aspect of our
system’s compassionate constitutionalism.

Saibanna v. State of Karnataka (2005) is a landmark case involving the murder of a lady by her
husband, for which he was sentenced to life in prison. While on parole, he suspected his second
wife of cheating on him and murdered her as well as his daughter. The Court opined that there
can be no two perspectives on the safety of society and the rights of victims. The rights of an
accused person cannot take precedence over the rights of the victim and society as a whole. If
such had been the case, it would have merely resulted in mistaken sympathy for the accused.

There was a provision in the Delhi Rules on Parole to achieve a balance between the necessity to
provide inmates with the option to reconnect with society and retain their family ties through
parole while also preventing similar occurrences from occurring. It states that prison inmates
accused of terrible crimes such as murder, rape, or dacoity will not be eligible for interim parole.
However, in the case of Dinesh Kumar v. Govt. of NCT of Delhi (2012), this was found to be in
violation of Article 14 of the Indian Constitution.

In the case of the Election Commission of India vs. Mukhtar Ansari (2017), the Hon’ble Delhi High
Court declared that custody parole cannot be used as a substitute for bail and cannot be
extended for long periods of time or for daily visits. In the case of Babulal Das v. State of West
Bengal (1975), the Supreme Court held that people who are imprisoned and enraged without trial
should be given a chance to reform themselves through reasonable use of the parole power,
calculated risks, and short-term release, which could be a social gain if the beneficent
jurisdiction is wisely exercised. In Inder Singh v. the State (Delhi Administration) (1978), the
Supreme Court stressed the importance of allowing parole to be used liberally, especially in the
event of grave offences.
It was observed in a recent case of Sanjay Kumar Valmiki v. State of NCT of Delhi (2020) that
“parole is a discretionary exercise, whereas furlough is a beneficial privilege of the criminal to be
considered for release, which the convict can claim provided he meets the Act’s and Rules’
requirements. Parole is granted in emergency situations, whereas furlough is granted to the
petitioner if the prerequisites are met. According to Rules 1171 to 1178 of the Delhi Prison Rules,
2018 and Rule 1223, a prisoner is only eligible for furlough if he has received three Annual Good
Conduct reports and, as a result, three Annual Good Conduct Remissions.”

Does parole period counts under sentence?

The Supreme Court has expressed differing views on this issue at various times. The Supreme
Court of India stated in the case of Smt. Poonam Lata v M.L. Wadhawan (1987) that “it must thus
be decided that the duration of release has to be disregarded in computing the period of
confinement.” However, in the case of Sunil Fulchand Shah v. Union of India (2000), the Supreme
Court stated that “a temporary release of the person detained does not change his status
because his freedom and liberty have not been entirely restored. “As a result, temporary release
on parole cannot be deducted from the maximum imprisonment period.” As a result, the decision
in the Poonam Lata case has been overturned.
Through the Divisional Commissioner, the Bombay High Court concluded that parole is a limited
legal right afforded to a criminal in the instances of Kantilal Nandlal Jaiswal v. Divisional
Commissioner, Nagpur (2019) and Hariom Vijay Pande v. State of Maharashtra (2019). However,
in the Home Secretary (Prison) v. H. Nilofer Nisha (2020), the Supreme Court said unequivocally
that “the issuance of remission or release is not a right conferred on the prisoner. It’s a privilege
that the prisoner can get if he or she meets specific requirements.”

Violations of parole
While the concept of parole has been highlighted and re-pressed by the judiciary and
penologists alike in order to decrease the negative aspects of prison life, the question of whether
parole actually serves a function or merely acts as a method of emigration arises. The recent
case of Manu Sharma garnered national outrage at haphazard jail management and an even more
haphazard State Government, which granted and vociferously supported a convict in the Jessica
Lal murder case.

Bibi Jagir’s Kaur is another example. Bibi Jagir was sentenced to prison for her role in the murder
of her daughter. The charges of murder against her had been dismissed and she was acquitted in
2018. She was given a five-year jail sentence. After only four months in prison, she was given
parole. She was said to have received preferential treatment because she was a former Punjab
Cabinet Minister.

Bitti Mohanty is the most recent parole case. In this instance, the convict, the son of a DGP,
Orissa, was found guilty of raping a German national. He was sentenced to seven years in prison
as well as a fine. He was allowed fifteen days’ parole in November 2006 to visit his ill mother. His
father stood as his surety at the time. He escaped soon after, and his father pretended to be
unaware of his movements. After a seven-year period, the police were finally able to apprehend
him in Kerala in March 2013, based on a tip received by the police. By that time, the accused had
changed his name and refused to confess his true identity as Bitti Mohanty.

Dr. Jalees Ansari, also known as Dr. Bomb, was recently released on parole by the Supreme
Court after being convicted in the Ajmer blasts, Jaipur serial blast, and Malegaon blast cases. He
was accused of plotting and executing over 50 bomb blasts across the country since the early
1990s and was presently serving a life sentence. He was last seen on January 16, 2020, when he
was meant to report the next day.

Parole also gives a criminal a perilous opportunity to participate in criminal activity while on
probation. The appellant killed his first wife and was serving a life sentence in Saibanna v State
of Karnataka (2005). He was freed on parole for a month during which time he murdered his
second wife and child, inflicting up to 21 injuries on their bodies. The Supreme Court agreed that
the case at hand was a “rarest of rare situations” featuring pre-planned, horrific murders without
provocation and that death was the only just penalty. In another case, Krishan v State of Haryana
(2013), a life sentence was handed down for a murder committed while the defendant was
already serving a life sentence and on parole.

Penalty for misuse

The temptation to abuse parole may be reduced if stringent legal sanctions were imposed. A
parole jumper faces a term of up to two years in jail under the legislation. This statement should
be read in order. Parolees who take advantage of the privilege and commit a crime while on leave
should be prevented from receiving parole in the future. Such crimes can be avoided by issuing a
warning to potential victims and local police, who can then increase patrols in the area. The
Ministry of Home Affairs has released guidelines for States for grant of parole and furlough