Parole

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Temporary release from prison.

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Definition

Temporary Release

Temporary release from prison.

Conditional release of prisoner for short period.

Etymology & Origin

From French 'parole' meaning word or promise. Historically, a prisoner giving their 'word of honor' to return to captivity after a temporary release.

Full Legal Analysis

Parole is a temporary and conditional release of a convicted prisoner before the completion of their full sentence. It is granted to allow the prisoner to attend to specific, urgent family matters (like a death, marriage, or severe illness) or to maintain social ties.

Unlike bail (which is pre-conviction), parole is a post-conviction executive action governed largely by State Prison Manuals and Jail Rules, rather than central criminal statutes. The period spent on parole does not count towards the total sentence served.

State Prison Rules / Manuals: Parole is not defined in the CrPC or BNSS. It is an administrative privilege managed by state governments under their respective jail manuals (e.g., Maharashtra Prisons (Furlough and Parole) Rules).

Parole is not an absolute right. It can be denied if the authorities believe the prisoner is a flight risk, poses a danger to society, or if the offence was particularly heinous (like terrorism or mass murder).

Asfaq v. State of Rajasthan (2017) 15 SCC 55
The Supreme Court distinguished between parole and furlough, holding that while parole is granted for specific exigencies and is not a right, it serves the vital reformative purpose of helping prisoners maintain family connections.

Advocates file writ petitions in High Courts seeking parole when jail authorities arbitrarily reject applications, arguing that denial violates the prisoner's right to life and dignity under Article 21.

Other Legislation

Prisons Act, 1894

Visitor No. 487030