Parole
About:
- The French expression “je donne me parole,” which translates to “I give my word,” is where the word parole originates.
- According to the definition provided in the Mohinder Singh case, parole is the constrained release of a prisoner following the completion of a portion of the sentence that resulted in his being sentenced to jail, ordinarily under the supervision of a parole supervisor.
Types of parole:
- Custody Parole: In cases of extreme urgency, such as a family member getting married, a family member passing away, a major sickness, etc., this right is granted.
- A prisoner may only be released for a maximum of six hours.
Normal Parole: It is determined by factors like:
- A family illness, a marriage, an incident, or a death.
- A child is born to the prisoner’s wife.
- A significant amount of property or lifestyle damage to the convict’s family as a result of natural disasters.
- Submitting a request for exceptional leave on behalf of the criminal or his family.
- It is accessible for a month at most.
What about India’s parole laws?
- The Prison Act of 1894 and the Prisoner Act of 1900 set forth the rules for how parole is given in India.
- In India, the requirements for parole vary by state.
Goals of Indian Parole Laws:
- Rules 1(A) and 19 of the 1959 Prisons (Furlough and Parole) Rules list the primary goals.
- Relational continuity between the prisoner and his family, friends, and community.
- To protect themselves from the negative impacts of a life in captivity, prisoners must grow a sense of self-assurance that there is life outside of prison.
- For providing hope and arousing interest in the prisoner’s existence.
- For the prisoner’s rehabilitation.
How does one submit a parole request?
- A prisoner submits a parole request.
- The superintendent of the jail compiles the report, which contains case history, inmate behaviour, a medical report, etc.
- The Deputy Secretary, Home (General), of the State Government receives the report and makes the decision regarding whether or not to approve the application.
- In other places, the Inspector General of the Prison could receive it and deliver it on to the District Magistrate.
- Before making a decision regarding whether to accept or reject the application, the District Magistrate meets with the State Government.
What conditions must be met before receiving parole?
- Eligibility: A criminal offender must have served at least one year in jail, not including any time spent on remission, in order to be eligible for parole or furlough.
- The prisoner was required to act appropriately at all times.
- If parole had previously been granted, the offender should not have broken any laws or parole rules during that time.
- The previous parole must have been revoked at least six months ago.
What are the benefits and drawbacks of the parole system?
The benefits of the pardoning system:
- decreases the number of overcrowded prisoners.
- reduces the public’s tax burden.
- Rewarding those who are willing to work for parole is appropriate.
There are certain benefits associated with the parole system:
- Permits the perpetrator to begin committing crimes once more
- In Saibanna v. State of Karnataka, the appellant murdered his second wife and kid while on parole after doing time for the first wife’s murder.
- an issue with supervision
- Gaining employment while on parole is challenging.
- Executive arbitraryness is present in the parole process.
- parole theft.
