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    Parole & Furlough

    Parole and furlough to inmates are progressive measures of correctional services. The release of a prisoner on parole not only saves him from the evils of incarceration but also enables him to maintain social relations with his family and the community. It also helps him maintain and develop a sense of self-confidence. Continued contacts with family and the community sustain in him a hope for life. The release of prisoner on furlough motivates him to maintain good conduct and remain disciplined in the prison. The provisions relating to release of the prisoner on parole and furlough should be liberalized to help a prisoner maintain a harmonious relationship with his family and the society and to be of good conduct during the period of incarceration. The privilege of release on parole and furlough should, of course, be allowed to selective prisoners on the basis of well-defined norms of eligibility and propriety.

    The objectives of releasing a prisoner on parole and furlough are:

    • To enable the inmate to maintain continuity with his family life and deal with familial and social matters,
    • To save him from the evil effects of continuous long prison life,
    • To enable him to maintain and develop his self-confidence,
    • To enable him to develop constructive hope and active interest in life,
    • To help him remain in touch with the developments in the outside world,
    • To help him remain physiologically and psychologically  healthy,
    • To enable him to overcome/recover from the stress and evil effects of incarceration, and
    • To motivate him to maintain good prison and disciplined in the prison.
    • Parole means temporary release of a prisoner for short period so that he may maintain social relations with his family and the community in order to fulfil his familial and social obligations and responsibilities. It is an opportunity for a prisoner to maintain regular contact with outside world so that he may keep himself updated with the latest developments in the society. It is however clarified that the period spent by a prisoner outside the Jail while on parole in no way is a concession so far as his sentence is concern.
    • The prisoner has to spend extra time in prison for the period spent by him outside the Jail on parole.

    Parole may be of the following two types-

    • Emergency Parole
    • Regular parol

    Furlough

    Furlough means release of a prisoner for a short period of time after a gap of certain qualified number of years of incarceration by way of motivation for him maintaining good conduct and remaining disciplined in the prison. This is purely an incentive for good conduct in the prison. Therefore the period spent by the prisoner outside the prison on furlough shall be counted towards his sentence.

    Emergency Parole

    • Emergency parole may be granted to the convict by the Superintendent of Prisons for a  period  of 24 hours,  in the  following eventualities:
    • Superintendent of Prison- In case of death of prisoner’s parents, spouse, son, daughter, brother or sister, the sentence of the prisoner for a period of 24 hours (excluding the journey period) in police custody, may be suspended by the concerned Superintendent of the prison.

    Further, the Inspector General (prisons) may grant a suspension of sentence to the prisoner for a period of 15 days so as to perform post death rituals/sanskar, tehrvin/shraddh (not in annual shraddh)

    • The superintendent of jail should verify the existence of the circumstances from the concerned police station and by other means and satisfied himself regarding request immediately on receipt of the application / Request to that effect.
    • The prisoner would be escorted to the place of visit until his return there from, ensuring the custody of the prisoner. Such prisoner would be deemed to be in prison for the said period which would also be treated as period spent in prison.
    • Under trial prisoners are not eligible for regular parole and furlough, and may be released only on emergency parole, that too by the order of the concerned trial court.

    Regular Parole

    To take care of the familial and social obligations and responsibilities of regular nature as well as for the psychological and other needs of the prisoner to maintain contact with the outside world

    Restrictions on release of a prisoner on regular parole and furlough.

    The following categories of prisoners may not be eligible for release on parole or furlough:

    • District Magistrate and Superintendent of Police shall identify the prisoners from their districts on a quarterly basis whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and send such report to IG Prisons.
    • Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak of riot, mutiny or escape, or who have been found to be instigating serious violation of prison discipline as per the reports in his/her annual good conduct report,
    • Prisoners convicted for heinous offences such as dacoit- terrorist crimes, kidnapping for ransom, smuggling of narcotic and psychotropic substances and, in the opinion of the District Magistrate/ District Superintendent of Police, there is such prisoners they may not report back to the Prison after the completion of the parole or furlough period,

    Convicted foreigners,

    • Inter-state criminals convicted for heinous offences mention above in sub section (c).
    • Prisoners committed for failure to give security for maintaining peace or good behavior
    • Prisoners suffering from mental illness, if not certified by the Medical Officer to have recovered
    • Prisoners whose work and conduct have not been good during the preceding 12 months and a minimum of 03 entries in their roll.
    Subject to the above, eligibility for parole should be regulated as follows:
    Sentence When due for

    first release on parole

    		 When due for

    second release

    		 When due for

    subsequent releases

    		 Duration of

    Leave per Year
    Not exceeding five years On completion of one year of actual imprisonment- to be counted from the date of admission to prison as convict After completion of six months of actual imprisonment – to be counted from the date his last return from leave. After completion of six months of actual imprisonment to be counted from the date his last return from leave. 21 days
    Exceeding five years but not more than 14 years On completion of two years of actual imprisonment – to be counted from the date of admission to prison as convict. After completion of one year of actual imprisonment – to be counted from the date of his last return from leave. After completion of six months of actual imprisonment- to be counted from the date of his last return from leave. 21 days during the first five years of confinement and 28days for the rest of term.
    Prisoners sentenced to life or imprisonment exceeding 14 years On completion of three years of actual imprisonment – to be counted from the date of admission to prison as convict After completion of one year of actual imprisonment- to be counted from the date of his last return from leave After completion of six months of actual imprisonment to be counted from the date of his last return from leave 21 days during the first five years of confinement and28 days for the rest of term.
    • For calculation of sentences for the purpose of eligibility for parole and furlough, ‘sentence’ shall mean a sentence as finally fixed on appeal, or revision, or otherwise, and includes an aggregate of one or more sentences.
    • A register shall be maintained in the prison in the prescribed form in which all the details relating to release of prisoners on parole and furlough shall be maintained. This record shall also be maintained on computers wherever the computerization of record has taken place. The prisoners shall be kept informed of his eligibility and right to release on parole and furlough on regular basis by updating the record in the history ticket of the prisoner.

    Duration and Frequency of Regular Parole

    Prisoners eligible for the grant of regular parole should not get it for a period of more than 30 days at a time and not more than two times in a calendar year. However, in exceptional circumstances such parole can be extended up to a maximum period of 45 days with the approval of the IG Prisons, but in no case such parole should be extended further. It is clarified that a convict can avail the extended release on parole up to 45 days only once in a block of three years.

    Eligibility and duration of furlough

    • A Prisoner who is sentenced to life imprisonment and has undergone 05 years imprisonment after conviction with unblemished record becomes eligible for grant of furlough
    • A prisoner, as described above, may be granted 04 weeks of furlough in two spells in a conviction year with maximum of 02 weeks in one spell.

    Competent Authority to Sanction Regular Parole or Furlough

    The Inspector General of Prisons as mentioned in the law/ instructions on the subject should be the competent authority for grant of regular parole or furlough to convicts. Under-trial prisoners are not eligible for regular parole and furlough.

    Procedure

    • A prisoner desiring to avail parole or furlough will submit his application in the prescribed form to the Superintendent of the prison. The Superintendent will examine each case carefully with regard to the eligibility for leave with particular reference to conduct, work, attitude towards family and community, and the manner in which the previous period of leave, if it was utilized. He will then forward the application to the Superintendent of police of the concerned district within 03 days of receipt of the application through the District Magistrate concerned. The Superintendent of Police shall send his report to the IG Prisons through the District Magistrate within 14 days from the date of receipt of the reference of the Superintendent of Prisons. In case the police disagree with the proposed release of a prisoner on leave, reasons for such disagreement should be specified. The IG Prisons is allowed a period of 07 days to decide on the application from the date of receipt of the report of District Magistrate was received by him.
    • The Inspector General of Prisons shall take decision on the application of parole/ furlough within 15 days of receipt of the recommendation received from the District Magistrate.
    • The prisoner shall be kept informed of all the decision on his application. If his request for release on parole or furlough is rejected, he shall be informed of the grounds of such rejection.
    • The opinion of the district authorities should be obtained every time a prisoner is released on parole or furlough.
    • Prisoners whose conduct is found unsatisfactory during his/ her release on parole or furlough may be debarred for this concession for a specified period of time by IG Prisons on a report/ recommendation received from the Superintendent of Prison concerned. However, the concession so barred may be reviewed by IG Prisons after 6 months from the date of the bar coming in to force, on a representation from the affected prisoner.
    • The prisoner shall be informed of the ground of the bar and the period for which he/ she shall not be eligible for release on parole/ furlough.

    Appeal

    If a prisoner is not satisfied with the decision taken on his request for parole/furlough by Inspector General of Prison, then he can appeal to the State Government and the state government will take decision on his appeal within 15 days.

    Conditions of Parole/ Furlough

    The Inspector General of Prisons authorized to sanction parole/ furlough may make an order for the release of a prisoner subject to the following conditions:

    • That the prisoner shall furnish cash security for the amount fixed by the competent authority and execute a personal recognizance bond, or execute a bond with one or more sureties according to the directions of the competent authority,
    • That the prisoner shall reside at the place designated by the competent authority and will not go beyond the specified limits,
    • That the prisoner will keep good behavior and will not commit any offence during the period of release,
    • That the prisoner will report to the nearest Police station of the area of his stay during the period of release,
    • That the prisoner will neither associate with bad characters nor lead a dissolute life,
    • That the prisoner will be liable to be recalled immediately to prison in case he violates any of the conditions,
    • That the prisoner will surrender himself to the Superintendent of the prison on expiry of the release period as granted, or on

    Release on parole/ furlough

    On receipt of an order from the IG Prisons, the prisoner should be released on Parole/ furlough after he has executed the necessary bond and has signed the conditions of release. At the time of release the prisoner should be supplied with an identity card and certificate of release on parole/ furlough.

    Punishment procedure for violation of condition of parole/ furlough

    • The Prisoner shall be in a cautious vigilance of the district administration within the duration of parole/furlough. The Superintendent of Jail shall inform to the District Magistrate of concerned district and the IG Prisons about the over stay and unauthorized absence of the prisoners from the jail after expiry of the period of Parole/ Furlough and request the District Magistrate and Superintendent of Police concerned to cause the arrest of the said prisoners.
    • Any Prisoners whose sentence has been suspended for a specified period-
    • If he surrenders in jail after delays within 03 days, his indispensability will be recorded in Prison register.
    • If he again delays within 03 days then the parole/furlough will not be accepted for next 02 years.
    • If he surrenders in jail after 03 days delays or is arrested, then the parole/furlough will not be accepted for next 02 years.

    Authorities to be informed

    Release of prisoner on parole/furlough should be intimated to the following authorities:

    • District Magistrate and Superintendent of Police of the district in which the prisoner proposes to spend the period of parole/ furlough,
    • District Magistrate and the District Superintendent of Police of the home district of the prisoner,

    Sureties

    For release of prisoner’s surety should be secured in one of the following ways:

    • On executing a personal bond,
    • The wages earned by the prisoners may be taken as cash security,
    • Panchayat of the home village of the prisoner may stand surety for him,
    • Family members/relatives/friends of the prisoners, if of good antecedents, may stand surety for him.

    Travel Expenses

    The prisoner will himself meet all expenses, including those on journey to and from the place of his stay. after his release on parole/ furlough from prison.