Context:
Karnataka High Court ordered the release of a convict on parole under extraordinary circumstances
Parole:
- Temporary release of a convict for short period of time for attending to familial and social obligations (like death in family).
- Not a matter of right.
- Covered under – Prisons Act of 1894 and Prisoner Act, 1900.
- Since Prisons is a State subject, Prisons Act of each state government defines rules under which parole is granted in that state.
- Prisoners convicted of multiple murders or under anti-terror Unlawful Activities Prevention Act are not eligible for parole
Parole vs Furlough:
| FURLOUGH | PAROLE |
| A matter of right (usually granted after one year in jail, maximum 21 days a year) | Not a matter of right |
| Granted periodically but can be denied if there is sufficient reason that it will go against the interests of society | May be denied if the competent authority is satisfied on valid grounds that there is no sufficient cause for granting parole or it is against the interests of society |
| Period of furlough is treated as remission of sentence | Period spent on parole is not counted as remission of sentence (maximum 90 days a year) |
| No reasons have to be cited for granting furlough | Reasons for granting parole have to be specified by jail authorities |
| Purpose is to enable prisoner to retain family association and keep up ties with society and avoid ill-effects of continuous prison life | Grant of parole does not disqualify a prisoner from the right to furlough. The grant of subsequent parole and furlough are subject to police report on the convict’s conduct. |
Source: The Hindu
Previous Year Question
Consider the following statements:
Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.
Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.
Which one of the following is correct in respect of the above statements?
[UPSC Civil Services Exam – 2023 Prelims]
(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Answer: (a)
