PROJECT

ON

PAROLE SYSTEM IN INDIA : A CRITICAL ANALYSIS

SUBMITTED TO

DR. PARVESH KUMAR RAJPUT

SUBMITTED BY

Rishabh Tripathi

SEMESTER VII, SECTION B, ROLL NO. 131

SUBMITTED ON 25TH OCTOBER 2018

HIDAYATULLAH NATIONAL LAW UNIVERSITY

Uparwara Post, Abhanpur, Atal Nagar – 493661 (C.G.)

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 DECLARATION

I hereby declare that the project work entitled “Parole System in India : A Critical Analysis”

submitted to the Hidayatullah National Law University, Raipur is the original work done by

me under the guidance of Dr. Parvesh Kumar Rajput, Assistant Professor in law ,

Hidayatullah National Law University, Raipur and this project has been submitted for the partial

fulfillments of the requirements for the award of the degree of BA- LLB. The results

embodied in this thesis have not been submitted to any other University or Institute for the

award of any degree or diploma.

Rishabh Tripathi

Semester VII

Section B

Roll No 131

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 ACKNOWLEDGEMENTS

I, Rishabh Tripathi, feel myself elated, as it gives me immense pleasure to come with the

work on topic, “Parole System in India : A Critical Analysis” Words fail to express my

deep sense of glee to my teacher, Dr. Parvesh Kumar Rajput, Assistant Professor in

Law , Hidayatullah National Law University, Raipur, who enlightened me on my every

difficulty in completion of task.

I would like to forward my hearty thanks to my University and Vice-Chancellor

for providing all the necessary requirements which aided me to achieve my goal.

I also thank Librarian HNLU, Raipur, for assisting me and allowing me to use the

library of the University.

I feel a deep sense of thankfulness to all my seniors, my friends who helped me in achieving

my target.

Rishabh Tripathi

Semester – VII

Section – B

Roll NO 131

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 INDEX

1. DECLARATION ........................................................................ 02
2. ACKNOWLEDGEMENTS… ................................................... 03

CHAPTER 1:
1.1 TITLE..................................................................................................... 06
1.2 INTRODUCTION ................................................................................. 06
1.3 STATEMENT OF PROBLEM ............................................................07
1.4 OBJECTIVE OF STUDY .................................................................... 07
1.5 CONCEPTUAL FRAMEWORK ........................................................07
1.6 RESEARCH QUESTION ................................................................... 08
1.7 REVIEW OF LITERATURE ............................................................. 08
1.8 SCOPE OF STUDY ............................................................................. 08
1.9 METHODOLOGY OF STUDY ......................................................... 09
1.10CHAPTERIZATION ......................................................................... 09

CHAPTER 2 :
2.1 ORIGIN OF CONCEPT OF PAROLE ............................................. 10
2.2 PAROLE IN INDIA: SELECTION OF OFFENDER PAROLED
………………………............................................................................10
2.3 PAROLE REGULATIONS ................................................................ 12
CHAPTER 3
3.1 JUDICIAL POSITION ON PAROLE ............................................... 13
3.2 CRITICAL ISSUES ............................................................................. 14
3.3 REFUSAL OF PAROLE..................................................................... 14

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 3.4 PAROLE GRANT BALANCE OF HUMAN RIGHT AND SOCIAL
SECURITY.................................................................................................... 15

6. CONCLUSION ...........................................................................17
7 BIBLIOGRAPHY ...................................................................... 18

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 CHAPTER 1

1.1 TITLE

The project is titled as Parole System In India : A Critical Analysis

1.2 INTRODUCTION

Parole is a major correctional process in jail reforms. It is a part of consideration granted to the
prisoners to help them to come back into the mainstream of life. It is a tool for social
rehabilitation of the prisoner. In recent times, the concept of parole been utilized by the highly
influential class to escape the prison sentence.

Thus, we have so many examples who are enjoying free life, even after committing inhuman
offences and conviction. There are lakhs of other prisoners, uninfluential, and do not have means
to utilize the process, or refused the benefit on simple grounds. The present article is to review
the concept of parole, its objectives, procedures in the legal system and critical issues in parole.

Parole is the conditional release of an offender who has already served a portion of his sentence
in a correctional institution. While on parole, the released prisoner remains in the custody and
under the supervision of the paroling authority. The period of parole may be as long as the time
the prisoner would otherwise have served in the institution or it may be terminated earlier. At
any point during this period, parole may be revoked for a violation of parole regulations and the
violator must return to the institution to serve the remainder of his sentence in confinement. 1

Walter Croflon advocated reform of the individual as a purpose of imprisonment and moreover
urged that "Tickets of leave" be given to those who showed a change in attitude. Thus, what is
now called parole was from its start to the concepts of offender reformation and indeterminacy in
sentencing. Parole ideally includes treatment in the form of supervision, guidance and assistance.

1
i. History of Parole System, www.wikipedia.org

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It has been rightly held that all released prisoners can benefit from the guidance of parole
officers, but the benefit that society itself would derive if all prisoners were kept under close
surveillance during the period of adjustment immediately following incarceration, is also
considerable. A prisoner who has spent a decade inside has lost touch with the everyday world of
transport, shopping and renting, but has gained a set of different everyday living skills relevant to
prison life that needs to be unlearned .

Parole gives a chance of reformation to the prisoner. It can have a positive impact towards
changing the prisoner‟s attitude to what they have done and make them come to accept that their
behavior was wrong

1.3 STATEMENT OF PROBLEM

To understand the concept of parole system , its origin and the objectives of parole .Also this
project specifically gives light on the condition upon which Parole could be granted.

1.4 OBJECTIVE OF STUDY

1. To understand the meaning of the Parole system in India and its practical applicability

2. To understand how Selection and Supervision of Offenders Paroled is done.

3. To study the Judicial Position on Parole.

1.5 CONCEPTUAL FRAMEWORK

The project tries to explain firstly the meaning Parole, who can be granted parole and how
and upon what basis Parole would be granted. Secondly the project report throws light upon
judicial position of Parole in India. Lastly it covers the topic refusal of Parole.

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 1.6 RESEARCH QUESTIONS

1. What is Parole?
2. Whom can parole be granted ?
3. Grounds of Parole to be granted?

1.7 REVIEW OF LITERATURE

K.N. Chandrasekharan Pillai R.V. Kelkar's Criminal Procedure, 6th Edition, 2014,
Reprinted 2018

This classic work provides an interesting and lucid study of the fundamental principles
of criminal procedure in a logical sequence. The topic-wise treatment of the subject
along with references to academic writings and the judicial decisions makes the study of
criminal procedure meaningful and comprehensible. This book clearly has clearly
explained the meaning of Parole and how it is made.

C.K Thakker, M.C. Thakker Takwani: Criminal Procedure 3rd Edition (English,
Paperback, Takwan)

Examines in detail the amendments introduced by the Code of Criminal Procedure

(Amendment) Acts of 2008 and 2010. Leading cases of the Supreme Court, Privy
Council and High Courts have been critically analysed. The amendments have been dealt with
in detail and several topics have been added and discussed. This book has concisely discussed
the various rights of an convicted person related to Parole in India

1.8 SCOPE OF STUDY

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The project report entitled “Parole system In India : A Critical Analysis” covers the meaning of
the Parole and how Parole is granted .

1.9 METHODOLOGY OF STUDY

Research Methodology is systematic approach and methods of study concerning for

obtaining new knowledge and generalization and the formulation of theories.

NATURE OF STUDY-

Non empirical research work has been used in this project as the material in this project mainly
consists of the work of people which is already done. The project is basically doctrinal in
nature. Citations are also provided wherever they were necessary.

SOURCES OF DATA

This Project is made on the basis of secondary sources of information, which include:

Books, and

Information from the internet.

1.10 CHAPTERSIATION

First chapter gives an introduction to the topic.

Second chapter deals with origin of concept of Parole, selection of offender Paroled and Parole
Regulations.Third chapter deals with judicial position on Parole , critical issues , refusal of
parole and explains parole to be balance for human rights and social security.

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 CHAPTER 2

2.1 ORIGIN OF THE CONCEPT OF PAROLE

Parole had its root in the Positivist School. The word „Parole‟ comes from the French word “je
donne ma parole” meaning „I give my word‟, while the dictionary definition is „word of honour.
The term „parole‟ was first coined in a correctional context in 1847 by Samvel G. Howe, a
Boston penal reformer. The Classical School of thought opined that people are free to choose
their own conduct. While committing any crime, an offender always calculates his gain, his
pleasure, at the cost of other‟s pain. So he must be punished. But the Positivist school argued
that it is the circumstance which forces anybody to commit crime. So he must be rehabilitated.
From there the thought of parole arose. It provides a second chance to the prisoner to
rehabilitate himself. The offender might have committed an offence, but it is not desirable that
he always be labeled and must not be given any chance to rehabilitate himself. Its objectives are
twofold: the rehabilitation of the offender and the protection of society. It is a means of helping
the inmate to become a law-abiding citizen, while at the same time ensuring that he does not
misbehave or return to crime. The paroling function may be important as a "safety valve" to
help control the levels of prison populations in relation to capacities and thus to avert the
dangers andcosts of over-crowding. Parole is a correctional method to bring about the
reformation in the characteristics of such persons. If the delinquent proves, he can mend his
ways and shall refrain from such criminal activities which are detrimental to community and if
he shows an overall improvement in his character and conduct, the purpose of this correctional
method is fulfilled. 2

2.2 PAROLE IN INDIA : SELECTION OF OFFENDER PAROLED

In India, the grant of Parole is largely governed by the rules made under the Prison Act, 1894 and
Prisoner Act, 1900. Each of the States has its own parole rules, which have minor variations with
each other . There are two types of parole- custody and regular. The custody parole is granted in
emergency circumstances like death in the family, serious illness or marriage in the family
Regular Parole is allowed for a maximum period of one month, except in special circumstances,

2
JaytilakGuha Roy, Prisons and Society: A Study of the Indian Jail System (Gian Publishing House Delhi 1989)

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to convicts who have served at least one year in prison. It is granted on certain grounds [4] such
as:

Serious Illness of a family member

Accident or Death of a family member

Marriage of a member of the family

Delivery of Child by wife of the convict

Maintain family or social ties

Serious damage to life or property of the family of convict by natural calamities

Pursue filing of a Special Leave Petition.

Certain categories of convicts are of convicts are not eligible for being released on parole like
prisoners involved in offences against the State, or threats to national security, non-citizens of
India etc. People convicted of murder and rape of children or multiple murders etc. are also
exempted except at the discretion of the granting authority. Selection for parole is based on two
separate considerations. First one, more or less arbitrary because it is usually fixed by statute.
The second entirely discretionary involving a decision and a calculated risk by the parole board.
The First consideration is the offender's parole eligibility, the second his suitability for parole. To
these considerations which are explicit, there may be added others which are no less decisive
because they are less tangible. Parole cannot be granted to every type of offender. The purpose of
parole is to bring about a change in the behavior of the person sentenced and also at
extraordinary circumstances such as serious illness or death of near relatives, death of the kith
and kin and so forth. The offender paroled has to be kept under close surveillance by the police
so that he does not relapse into the commission of crime. Even though the paroled offender is not
in physical confinement, for all practical purposes he is a person sentenced and every of his
movement of him has to be closely monitored so that his associations and his activities which
perpetrate crime can be mitigated. 3

3
J. C. Chaturvedi, Penology and Correctional Administration (Isha Books New Delhi 2006)

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2.3 PAROLE REGULATIONS

1) The paroled person should hold the permit always and should produce on being tendered by
any police officer or magistrate or any other competent authority.

2) He shall not associate with notorious bad characters, ruffians and anti-social elements.

3) He shall not indulge in coercing any of the witnesses or complainant to adduce evidence in his
favor.

4) He shall report any charge in the address or his movement and leaving the locality or
jurisdiction which is specifically prescribed in his behalf.

5) He shall also obey all laws and public ordinances.

6) He shall not indulge in alcoholism, intoxicating beverages and narcotics.4

4
All India Jail manuaL

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 CHAPTER 3

3.1 JUDICIAL POSITION ON PAROLE

In the view of Indian judicial system, parole is claimed to be a success in rehabilitation and
checking crime attitude. Parole has been defined by Hon. Court as “a conditional release of a
prisoner, generally under supervision of a parole officer, who has served part of the term for
which he was sentenced to prison”. Parole relates to executive action taken after the door has
been closed on a convict. [Mohinder Sing vs state of Haryana, 2000 ]

During parole period there is no suspension of sentence but the sentence is actually continuing to
run during that period also.”[sunil fulchandshah vs Union of india ,2001]

Hon. court remarked that “It is not out of place to mention that if the State takes up a flexible
attitude it may be possible to permit long spells of parole, under controlled conditions, so that
fear that the full freedom if bailed out, might be abused may be eliminated by this experimental
measure, punctuated by reversion to prison. Unremitting insulation in the harsh and hardened
company of prisoners leads to many unmentionable vices that humanizing interludes of parole
are part of the compassionate constitutionalism of our system” [ Babu Singh and Ors. v State of
U.P]

The Court opined that persons kept incarcerated and embittered without trial should be given
some chance to reform themselves by reasonable recourse to the parole powe, calculated risks,
by release for short periods may, perhaps, be a social gain, the beneficent jurisdiction being
wisely exercised. [Babulal Das v The State of West Bengal ]

In Inder Singh v The State of Delhi Administration the Court has emphasized on the need for
liberal use of parole even in the case of heinous crimes.

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3.2 CRITICAL ISSUES

Two significant issues arise in case of Parole in contemporary India- one, the refusal of grant of
parole on insufficient grounds and second, the misuse of parole. Misuse of Parole: concept of
parole has been emphasized by the Judiciary and penologists to reduce the problems of prison
life, whether parole really serves a purpose or provides a way to escape becomes a significant
question. Misuse is clearly evident in the following cases. 5

In Manu Sharma v The State of N.C.T. of Delhi case, Manu Sharma , a murderer, asked for
parole on three grounds: to attend religious rites for his late grandmother, to tend to his ageing
mother and, to take care of the family‟s business interest. He misused parole and returned to Jail
only after he was traced to a Delhi pub enjoying his night life with friends, drinks and dance.

In Bibi Mohanty case. The convict, the son of a DGP, Orissa, was sentenced for rape of a
German national. He was sentenced to seven years rigorous imprisonment along with fine. He
was granted fifteen days parole to visit his ailing mother.. He escaped and his father pleaded
ignorance about his whereabouts. A significant period of seven years elapsed, The police caught
him him from Kerala The convict changed his identity. His father refused to accept that the
person arrested was his son. A court has recently ordered the DNA test to establish his identity.

Parole also provides a dangerous opportunity to a criminal to engage in criminal activities while
on parole. As in Saibanna v State of Karnataka case and in the case of Krishan v State of
Haryana.

3.3 REFUSAL OF PAROLE

Release on parole is a wing of the reformative process and is expected to provide opportunity to
the prisoner to transform himself into a useful citizen. Parole is a grant of partial liberty of
lessening of restrictions to a convict prisoner. . The Code of Criminal Procedure does not contain
any provision for grant of parole. By administrative instructions, rules have been framed in
various States, regulating the grant of parole. Parole Rules or administrative instructions, framed

5
Indian Kanoon.com for relevant court decisions

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by the Government are purely administrative in character and for securing release on parole, a
convict has, to approach the Government concerned or the jail authorities. In most cases, the
executive acts in a mere mechanical manner, without application of mind and appreciation of
facts. They reject parole on grounds like breach of peace or the possibility of the prisoner
committing a crime during the parole period, . The criteria for probable refusal of parole, laid
down by Delhi High Court are as follows:

i) A reasonable apprehension, based upon material available with the Government that the
petitioner, if released on bail may not return back to Jail to undergo the remaining portion of the
sentence awarded to him;

ii) A serious apprehension of breach of law and order or commission of another offence by the
petitioner if he comes out on parole;

iii) Past conduct of the petitioner such as jumping the bail or parole granted earlier to him;

iv) A reasonable possibility of the petitioner trying to intimidate or harm those who have
deposed against him or their relatives. The Court emphasized that it is neither possible nor
desirable to exhaustively lay down all such grounds as would justify denial of parole in a
particular case. Each case has to be examined by the Government dispassionately and with an
open mind.

3.4 PAROLE GRANT BALANCE OF HUMAN RIGHT AND SOCIAL SECURITY

The grant of parole is not a matter of right, but a concession granted to the prisoner. The grant is
regulated by rules laid down in each state and is a part of executive discretion. Such discretion
cannot be exercised arbitrarily or capriciously. The grant of parole should be based on twin
considerations- human rights and social security. It is important to ensure that the convict is not

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deprived of his rights as a human being. The imposition of sentence, in itself, impairs the
exercise of basic rights granted under the Constitution. The liberties and freedoms remain
curtailed during the term of sentence. But that should not take away the fundamental humane
considerations of life. The issue of social security is also of concern where the release should not,
affect the safety of the community or victims and ensure that the released convict does not use
parole to escape from law or commit further offences. A fine balance achieved between security
and human right. A significant role has to be to played by state and jail authorities in this regard.
They should understand the offender‟s social history. The grounds on which parole to be granted
have to be properly examined. The grant of parole should be based on considerations such as:
Nature of Offence and circumstances related thereto;

Time spent in prison;

Conduct of the convict;

Previous antecedents, if any;

Possibility of engaging in illegal activities, committing crimes, during the period;

Possibility of seeking vengeance, causing harassment, in specific categories of crimes;

Impact of release on society;

It is important that the State must take fair, reasonable and unbiased decision for grant of parole6

6
Justice Mulla committee report on jail reforms1988

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 CONCLUSION

The Prisons Act of 1894 being Act No. 9 of 1894 has defined the furlough system and
the parole system under Sections 5(A) and 5(B) of the Prisons Act, 1894 which reads as follows :
“5(A) „Furlough system„ means the system of releasing prisoners in jail on furlough in
accordance with the rules for the time being in force.” “5(B) „Parole system„ means
the system of releasing prisoners in Jail on parole, by suspension of their sentences in accordance
with the rules for the time being in force.” 6. Pursuant to the powers conferred by Clauses 5 and
28 of Section 59 of the Prisons Act, 1894 (9 of 1894) in its application to the State
“. The parole and furlough rules are part of the penal and prison system with a view to humanise
the prison system. Those rules enable the prisoner to obtain his release and to return to the
outside world for a short prescribed period. The objects of such a release of prisoner can be read
from para 101 of the report submitted by the All India Jail Manual Committee as also the objects
mentioned in Model Prison Manual. These objects are :
parole is essentially an executive function and instances of release of detenues on parole were
literally unknown until this Court and some of the High Courts in India in recent years made
orders of release on parole on humanitarian considerations. Historically „parole„ is a concept
known to military law and denotes release of a prisoner of war on promise to return. Parole has
become an integral part of the English and American systems of criminal justice intertwined with
the evolution of changing attitudes of the society towards crime and criminals. As a consequence
of the introduction of parole into the penal system, all fixed term sentences of imprisonment of
above 18 months are subject to release on licence, that is, parole after a third of the period of
sentence has been served. In those countries, parole is taken as an act of grace and not as a matter
of right and the convict prisoner may be released on condition that he abides by the promise. It is
a provisional release from confinement but is deemed to be a part of the imprisonment. Release
on parole is a wing of the reformative process and is expected to provide opportunity

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Rules are framed providing supervision by parole authorities of the convicts released
on parole and in case of failure to perform the promise, the convict released on parole is directed
to surrender to custody.

REFERENCES

ARTICLES:

Ritesh Tiwari, Paroleunder Crpc.

Smarika Azad, Rights of Paroled Person.

Harpreet Kaur, Provisions Relating to Parole.

Sourav Banarjee, The Code of Criminal Procedure-

BOOKS:

Dr. K.N. Chandrasekharan Pillai R.V. Kelkar's Criminal Procedure Edition: 6th Edition,

2014, Reprinted 2018

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