Diksha Sahai, Shumhunath Institute of Law (Prayagraj) Affiliated by Allahabad State University
ABSTRACT
Historically, the concepts of “parole” originating I military law, referring to the release of prisoner of war on the promise of returning. Over time, parole has become integral part to the English ad America criminal justice system, reflecting evolving societal attitude towards crime and punishment. Parole is a form of provisional release from prison, grated as a act of grace rather than a right, ad is meant to be part of the imprisonment period. It serves as a reformative measure, offering prisoners opportunities to reintegrate into society under certain condition.
Parole can be grated for up to one moth except in special case to convicts who have served at least one years, on grounds such as serious illness or death in the family, child birth by the convict’s wife or significant property damage due to natural calamities like murder or terrorism, are typically ineligible for parole. if parole is denied, prisoners can petition the High Court for relief. Parole differs from furlough, another component of the prison system aimed at humanizing prison administration. Furlough is a periodic release granted as a matter of right to help prisoners maintain family and social ties and to mitigate the effects of continuous imprisonment. Unlike parole, the period spent on furlough counts as a remission of the sentence. Furlough does not require specific reasons for release and can be denied only in the interest of society, while parole requires a sufficient cause and can be denied if it poses a risk to society or prison administration.
The distinction between parole and furlough was clarified by the apex court of India in the case of State of Maharashtra v Suresh Pandurang Darvekar, which emphasized their different purpose and condition. The article explores these issues and suggest improvement to the parole system in India.
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