
With reference to India, consider the following statements:
- When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
- State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Explanation
Statement 1 is incorrect
- Parole is a system of releasing a prisoner with suspension of the sentence. The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time. A broadly similar concept is furlough, which is given in case of long-term imprisonment.
- While furlough is seen as a matter of right, to be granted periodically irrespective of any reason and merely to enable the prisoner to retain family and social ties, parole is not a matter of right and may be denied to a prisoner even when he makes out a sufficient case.
Distinction Between Parole and Furlough
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Statement 2 is correct
- ‘Prisons’ is a State subject under State List of the Seventh Schedule to the Constitution of India. The management and administration of Prisons falls exclusively in the domain of the State Governments, and is governed by the Prisons Act, 1894 and the Prison Manuals of the respective State Governments.
- Since prisons is a State subject in the Constitution, the Prisons Act of each state government defines the rules under which parole is granted in that state. For instance, in Rajasthan, initial parole is granted for 20 days; a second parole is for 30 days, and a third for 40 days. Thereafter, the prisoner can apply for permanent parole.
- The jail authorities submit the report to state government — and competent authority takes a final decision on grant of parole on humanitarian considerations. If parole is rejected, the convict can move the High Court challenging the order of the competent authority. Also, apart from regular parole, the superintendent of a jail can also grant parole up to a period of seven days in emergent cases.


