Want to know procedures of parole?

Parole in India

In India, the grant of Parole is largely governed by the rules made under the Prison Act, 1894 and Prisoner Act, 1900. Each of the States has its own parole rules, which have minor variations with each other.[xix] There are two types of parole- custody and regular.

The custody parole is granted in emergency circumstances like death in the family, serious illness or marriage in the family. It is limited to a time span of six hours[xx] during which the prisoner is escorted to the place of visit and return therefrom. The grant of parole is subject to verification of the circumstances from the concerned police station and is granted by the Superintendent of Jail[xxi].

Regular Parole is allowed for a maximum period of one month, except in special circumstances, 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

Accident or Death of a family member

Marriage of a member of the family

Delivery of Child by wife of the convict

Maintain family or social ties

Serious damage to life or property of the family of convict by natural calamities

Pursue filing of a Special Leave Petition.

Certain categories of convicts 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. People convicted of murder and rape of children or multiple murders etc. are also exempted except at the discretion of the granting authority[xxii].

As per procedure, after an inmate 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[xxiii].

In some States, the application along with the police report and recommendation is sent to the Inspector General of Prison, which is then considered by the District Magistrate. The State Government takes the decision in consultation with the District Magistrate. A prisoner who overstays parole is deemed to have committed an offence under Section 224 Indian Penal Code, 1860 and may be prosecuted with Government sanction and forfeit all remissions earned.