Parole means temporary or permanent release of the prisoner before the end of a sentence as an incentive for good conduct in prison. The term is derived from the French phrase “je donne ma parole”, i.e. “I give my word”.
Eligibility for the grant of parole: According to the 2010 Parole/Furlough Guidelines, to be eligible for parole:
- A convict must have served at least 1 year in jail, excluding any time spent in remission.
- The prisoner’s behavior had to be uniformly good.
- The criminal should not have committed any crimes during the period of parole if it was granted previously.
- The convict should not have broken any of the terms and restrictions of his or her previous release.
- A minimum of 6 months should have passed since the previous parole was terminated.
The Supreme Court, in Sunil Fulchand Shah v. Union of India (2000) held that parole does not amount to suspension of sentence.
The Prisons Act, 1894 and the Prisoners Act, 1900 do not contain any specific provision pertaining to parole and furlough.
However, Section 59 of the Prisons Act empowers States to make rules for the shortening of sentences as rewards for good conduct. Also, ‘Prison’ is a State subject in the 7th Schedule.
Note: Prisoners convicted of multiple murders or under the anti-terror UAPA are not eligible for parole
