PAROLE
Parole is a conditional release/freedom of prisoners before the completion of the sentence. They are supervised by the Parole Officer. If they violate any condition of their release, they shall be sent back to the prison.
Parole is a privilege given to the prisoners to transition back into the society. There are certain restrictions on the parolees in order to encourage good behavior. It also reduces overcrowding in the prisons and gives a chance to the prisoners to interact in the society.
In India, parole is governed under Section 5 (B) of the Prisons Act, 1984. Section 5(B) of the Prisons Act, 1984 defines Parole System.
“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.”
Release on parole is a reformative process of a prisoner. Parole is basically conditional release of a prisoner only after a part of sentence has been served by the prisoner in the prison, he is liable to return to the prison without violating any of the conditions.
Objective of Parole:
- Enable the prisoners to maintain touch with their family members and deal with their personal and family matters or emergency
- To protect the prisoners from the ill effects of continuous prison life
- To maintain the self confidence of the prisoners and also their interest in life
- To conserve government resources and overcrowding in the prison
- To reintegrate prisoners into the society under supervision etc.
Parole is always governed with certain conditions like living a law abiding life, not to indulge in any sort of crime, not leaving the territory, restraining from intoxication and gambling, not to change the residence or occupation without permission etc.
Parole is conditional release of a prisoner who is under supervision of the Parole officer. It is a correctional process by selectively releasing the offenders and keeping them under supervision in the society. The releasing authority puts certain conditions and limitations on the release of the prisoner on parole. The basic criteria behind is that the criminal justice system has started this with an object to reform the prisoner and at the same time also ensure the security of the society.
FURLOUGH
Furlough is a matter of right given to a prisoner every year. A prisoner is entitled to be released for 14 days in a year on furlough. It is granted to a prisoner periodically irrespective of any reason. The period of furlough shall be counted as remission of the sentence.
In India, furlough is governed under Section 5 (A) of the Prisons Act, 1984. Section 5(A) of the Prisons Act, 1984 defines Furlough System.
“Furlough system- it means the system of releasing prisoners in jail on furlough in accordance with the rules for the time being in force.”
For furlough, a prisoner has to submit an application to the prison superintendent. It is a form of a reward granted to a prisoner and is counted as a part of the prisoner’s conviction sentence. It is the discretion of the jail authorities or the state government to allow or reject furlough application. Conduct of the prisoner in jail is also considered before granted him furlough.
Furlough is only for the prisoners who are serving sentence of 5 years or more. If the sentence is for a lesser period, furlough cannot be applied. Furlough is granted for a period of 14 days and can be further extended for another 14 days.
Conditions for granting furlough:
- The prisoner’s conduct in jail shall be good and he has earned minimum 3 good remissions.
- He does not fall under the category of habitual offender
- The prisoner is not convicted of any serious offence like robbery, dacoity or arson
- he shall not be a kind of a person who is dangerous for the society on his release or may disturb public peace.
Furlough is a matter of right, granted to a prisoner. It would depend on the terms and conditions of the imprisonment. It is not an absolute right of a prisoners but it helps in the reformation process of a prisoner.
PROBATION
A person who is convicted for a crime gets a chance to remain in the community instead of jail with the help of probation. The probation requires the prisoner to follow rules and conditions ordered by the court and shall remain in the society under the supervision of Probation Officer.
The release of a offender on probation acts as a reformative device for the convicted person, during which the prisoner lives and in community and regulates his own life under the guidelines imposed by the court. It is suspension of a sentence in order to help and guide the probationer in rehabilitation and at the same time being under threat of suspension of probation and being put behind the bars.
Section 360 of Cr.P.C deals with the release of a prisoner on good conduct or after admonition
(1) When any person not under twenty- one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty- one years of age or any woman is- convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond with or without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct and in the meantime to keep the peace and be of good behaviour: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub- section (2).
(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub- section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.
(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Indian Penal Code (45 of 1860 ), punishable with not more than two years' imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition.
(4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
(5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub- section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.
(6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section.
(7) The Court, before directing the release of an offender under sub- section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions.
(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.
(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence.
(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958 ), or the Children Act, 1960 (60 of 1960 ), or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders.
Section 361 of Cr.P.C makes it mandatory for the judges to record the reason for not awarding probation to the offender.
Objective of Probation:
- reformation of the offender
- prevent juvenile delinquency
- keeps the offender away from the criminal world
- harmless socializing of an offender and allowing him to earn for his living
- building up self control and self confidence in an offender
- prevent the offender from the stigma of crime and allow upright living etc.
Probation entirely depends on the discretion of a judge. An applying offender should have served at least 1/3rd of his sentence in jail. After the judge is satisfied, he shall give a set of rules and regulations to be followed by the offender after an early release. Violator of such rules prescribed by the judge shall lead to cancellation of probation and the offender has to return to the jail or has to face hearings before Probation Officer.
Probation shall not be granted if an offender is convicted for a heinous crime.
Probation is conditional. Some of the conditions for probation are regularly visiting the Probation Officer, appearing on scheduled court dates, not to travel outside the territory without permission of the Probation Officer, refraining from illegal activities and consumption of drugs, alcohol etc.
Probation gives a chance to a convicted person to remain in the society instead of being in jail. The main object of the criminal justice system is the reformation of the offender and also at the same time to ensure security and peace of the society.
The allowance of probation is entirely in the hands of the State Government.
CONCLUSION
In a country like India, where jails are overcrowded, provisions like parole, furlough & probation helps in reformation of an offender also prevents him from being a hardened human being and also prevents him from being surrounded by heinous and habitual offenders. It helps in affirmation of a human being and provides him a benefit of living in the society under specific rules and regulations to be followed by him failing which the offender shall be sent back to the jail.
