What is Parole and what are the grounds to get Parole?

The term “ Parole,” meaning in law, is an important aspect of the Indian justice system. It provides a chance for convicts who have served their time in prison to reintegrate into society, fostering redemption and normalcy. It takes a more humane approach towards convicts. While the term is familiar, its intricacies often remain elusive. Read on to learn more about everything you need to know about parole, the grounds on which parole is granted in India, and the difference between parole and furlough.

What is meant by Parole?

Before we talk about the grounds for granting parole, it is essential to understand what parole means. It is the Delhi Prisons Act, 2000 which defines Parole under Section 2(p). As per it, Parole means the system of releasing prisoners from prison by the suspension of their sentences in accordance with the rules. The parole rules as described in the Prisons Act, 2000 are a part of the penal and prison system. The main objective of the parole system is to humanize the prison system.

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What is the objective of Parole?

As discussed, the primary aim of granting parole is to promote a humanitarian approach within the prison system. It allows incarcerated individuals to temporarily reenter society, aiding in their rehabilitation as productive citizens. Parole is a benevolent act and should be regarded as a fundamental right. It serves as a vital tool for reforming prisoners and recognising their continued connection to society. Under the current system, parole eligibility begins after one-third of the sentence for terms exceeding eighteen months.

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What are the Grounds for Parole?

The maximum period allowed for parole is one month and the prisoner has to fulfill the condition of the minimum prison time to be served, to be applicable for parole. Some of the grounds on which parole is approved are:-

• Serious illness of a close family member.

• Death of a family member.

• An accident of a family member.

• The marriage of a family member.

• Delivery of a child by the prisoner's wife.

• Serious damage to the life or property of a family member due to natural calamity.

It is important to note that a certain category of prisoners is exempted from the privilege of parole such as prisoners convicted for terrorism, multiple murders, and are a threat to national security, etc.

What is the Procedure to get Parole?

The procedure for parole involves the following steps:-

• The prisoner after completing the mandated jail time applies for parole.

• The jail authority then asks for a report from the police station where the arrest was made.

• The report is then verified.

• If the reason for parole is a medical emergency, relevant medical records and certificates are also verified.

• The final report is then submitted to the Deputy Secretary, State Government, or Inspector General of Prisons.

• The competent authority then takes the decision on parole.

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How can a lawyer help you in getting Parole?

One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the case of Parole. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to parole. He will be able to guide you and draft a parole application for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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