Name:- Kartikay Sharma
Course:- BBA LLB (H)
Year:- 3rd year
College:- Amity Law School, Noida
Parole basically refers to the release of a prisoner, temporarily, completely or for a special purpose before the completion of the sentence. The word Parole is derived from the French word, “Je donne ma parole” i.e. “I give my word”, a word of honour. In the past, this word was used by the prisoners of war. While on Prole, a person is still under custody and hence under the supervision of the concerned paroling authority. Parole is conditionally granted only once the prisoner has served his sentence for a particular period depending on the State/ UT laws.
Parole was introduced in 1840, by a Scottish geographer, captain in the navy, who was allotted as a superintendent of British penal colonies. He wished to train the prisoners for the future instead of serving the sentence, so he divided it into a grading system that further consisted of 3 grades. He had an innovative thought that the sentence shouldn’t be a mere arbitrary sentence but a way for reformation and going back to the society as a normal citizen.
The main objectives of Parole are: -
1. To help the prisoner to continue a normal life with his family and support them.
2. Save him from the effects of prolonged evil effects of prison life.
3. To help him serve a better cause and support the nation further.
4. To gain his self-confidence.
PAROLE IN INDIA
Grant of Parole in India is covered by the rules under The Prison Act, 1894 and the Prisoner Act 1900. Each state and UTs have their own Parole rules with minor differences in between them.
Parole isn’t covered by Sec 432 of Cr.P.C., 1973, yet it deals with the Power to Suspend or Remit Sentences. In the case of Sunil Fulchand Shah vs Union of India (AIR 2000 SC 1023), it has been observed that “PAROLE DOES NOT AMOUNT TO SUSPENSION OF SENTENCE”.
There are mainly 2 different types of Parole,
A) Regular Parole
B) Emergency/ Custody Parole
Regular Parole, all the prisoners who are eligible for furlough are eligible for regular parole. However, there must be a valid reason for the grant of Parole. Some of the reasons are: -
· Serious illness, accident or death of a family member
· Marriage of any member of the family
· Delivery of child by the wife
· Any serious damage of property or life of the family due to natural calamities
· Pursue of filing for a special leave petition before the SC.
Emergency/ Custody Parole, All the convicted persons who are citizens of India and are serving a death sentence may be eligible for Emergency/ Custody Parole for 14 days. Reasons could vary such as the death of any immediate family member or the marriage of any immediate family member.
CASE LAWS: -
Commission of India v. Mukhtar Ansar
Varsam v. State of Gujrat and Ors.
What Is Parole? - Litigation, Mediation & Arbitration - India (mondaq.com)