Criminal Law Videos - Want to know procedure for parole?

Parole may be understood as the process whereby the prisoners of a jail are released for a particular period of time on the basis of certain terms and conditions. Discharge on parole is a wing of the reformative procedure and is relied upon to give chance to the detainee to change and become a responsible citizen of the nation. Parole can be said to be a conditional release of the prisoner before his term of punishment expires and once the parole period is over, the prisoner shall return to the prison again.

As such there is no specific proviso in the code of criminal procedure regarding the provisions of Parole but depending upon the various judgments pronounced by the Hon’ble Supreme Court, High Courts and the laws made in the different states regarding this have led to the development of parole system in the criminal justice system in India. The conditional release of prisoners on parole over the period of time demonstrates the attitudes of the society towards crime and criminals. However, it must be noted that any prisoner to be entitled to parole needs to showcase utmost good behaviour during his jail term so that the authorities are satisfied that if such prisoner is released on Parole would not commit any other crime when outside.

It is not like that any prisoner wishing to move out can apply for parole application. There are certain grounds only upon which parole application of prisoners may be entertained. The valid grounds of parole are enumerated hereunder;

• Serious illness of a family member.
• Death/accident of any family member.
• Any wedding in the family of the convict.
• Delivery of wife, if there is no other in convict’s family to take care.
• Damage to life of the property of the convict
• To maintain family ties
• To pursue filing of any appeal to higher courts.
• To perform funeral ties of a family member.

However, in certain cases where the prisoner is convicted for cases of murder, rape of children or multiple murders, then the parole would be granted only in exception circumstances and not otherwise. The period of parole shall be decided upon the nature and circumstances of the parole application. The underlying objective of releasing prisoners on parole is to afford them an opportunity to reform and be eligible to return in their society after their term is served.